1. law, govt and politics

1
THE PENAL CODE, 1860
(ACT NO. XLV OF 1860).
[6th October, 1860]
CHAPTER I
INTRODUCTION
Preamble
WHEREAS it is expedient to provide a general Penal Code for Bangladesh; It
is enacted as follows:-
Title and extent of
operation of the
Code
1. This Act shall be called the 2[ Penal Code], and shall take effect
throughout Bangladesh.
Punishment of
offences committed
within Bangladesh
2. Every person shall be liable to punishment under this Code and not
otherwise for every act or omission contrary to the provisions thereof, of
which he shall be guilty within Bangladesh.
Punishment of
offences committed
beyond, but which
by law may be tried
within Bangladesh
3. Any person liable, by any Bangladesh Law, to be tried for an offence
committed beyond Bangladesh shall be dealt with according to the
provisions of this Code for any act committed beyond Bangladesh in the
same manner as if such act had been committed within Bangladesh.
Extension of Code
to extra-territorial
offences
4. The provisions of this Code apply also to any offence committed by(1) any citizen of Bangladesh in any place without and beyond Bangladesh;
(2) [Omitted by Article 2 and Schedule of the Central Laws (Adaptation)
Order, 1961.]
(3) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
(4) any person on any ship or aircraft registered in Bangladesh wherever it
may be.
Explanation.-In this section the word "offence" includes every act
committed outside Bangladesh which, if committed in Bangladesh, would be
punishable under this Code.
Illustrations
(a) A, a Bangladesh subject, commits a murder in Uganda. He can be tried
and convicted of murder in any place in Bangladesh in which he may be
found.
(b) B, a European British subject, commits a murder in 3 [ Rangpur]. He can
be tried and convicted of murder in any place in Bangladesh in which he
may be found.
(c) C, a foreigner who is in the service of the Bangladesh Government,
commits a murder in 4[ Khulna]. He can be tried and convicted of murder at
any place in Bangladesh in which he may be found.
(d) D, a British subject living in 5[ Khulna], instigates E to commit a murder
in 6[ Chittagong]. D is guilty of abetting murder.
Certain laws not to
be affected by this
Act
5. Nothing in this Act is intended to repeal, vary, suspend, or affect 7[ * *
*] any of the provisions of any Act for punishing mutiny and desertion of
officers, soldiers, sailors or airmen in the service of the 8 [ Republic], or of
any special or local law.
CHAPTER II
GENERAL EXPLANATIONS
Definitions in the
Code to be
understood subject
to exceptions
6. Throughout this Code every definition of an offence, every penal
provision and every illustration of every such definition or penal provision,
shall be understood subject to the exceptions contained in the chapter
entitled "General Exceptions," though those exceptions are not repeated in
such definition, penal provision or illustration.
Illustrations
(a) The sections in this Code, which contain definitions of offences, do not
express that a child under seven years of age cannot commit such offences;
but the definitions are to be understood subject to the general exception
which provides that nothing shall be an offence which is done by a child
under seven years of age.
(b) A, a police officer, without warrant, apprehends Z who has committed
murder. Here A is not guilty of the offence of wrongful confinement; for he
was bound by law to apprehend Z, and therefore the case falls within the
general exception which provides that "nothing is an offence which is done
by a person who is bound by law to do it".
Sense of
expression once
explained
7. Every expression which is explained in any part of this Code is used in
every part of this Code in conformity with the explanation.
Gender
8. The pronoun "he" and its derivatives are used of any person, whether
male or female.
Number
9. Unless the contrary appears from the context, words importing the
singular number include the plural number, and words importing the plural
number include the singular number.
“Man” “Woman”
10. The word “man” denotes a male human being of any age: the word
“woman” denotes a female human being of any age.
“Person”
11. The word “person” includes any Company or Association, or body of
persons, whether incorporated or not.
“Public”
12. The word “public” includes any class of the public or any community.
[Omitted]
13. [Omitted by Article 2 and Schedule of the Central Laws (Adaptation)
Order, 1961.]
“Servant of the
State”
14. The words 9[ Servant of the Republic] denote all officers or servant,
continued, appointed or employed in Bangladesh by or under the authority
of the Government.
[Repealed]
15. [Repealed by the Government of India (Adaptation of Indian Laws)
Order, 1937.]
[Repealed]
16. [Repealed by the Government of India (Adaptation of Indian Laws)
Order, 1937.]
“Government”
17. The word “Government” denotes the person or persons authorized by
law to administer executive Government in Bangladesh, or in any part
thereof.
[Repealed]
18. [Repealed by the Government of India (Adaptation of Indian Laws)
Order, 1937.]
“Judge”
19. The word “Judge” denotes not only every person who is officially
designed as a Judge, but also every person,who is empowered by law to give, in any legal proceeding, civil or criminal,
a definitive judgment, or a judgment which, if not appealed against, would
be definitive, or a judgment which, if confirmed by some other authority,
would be definitive, or
who is one of a body of persons, which body of persons is empowered by
law to give such a judgment.
Illustrations
(a) A Collector exercising jurisdiction in a suit under Act X of 1859, is a
Judge.
(b) A Magistrate exercising jurisdiction in respect of a charge on which he
has power to sentence to fine or imprisonment with or without appeal, is a
Judge.
(c) [Repealed by the Federal Laws (Revision and Declaration) Act 1951 (Act
XXXVI of 1951)].
(d) A Magistrate exercising jurisdiction in respect of a charge on which he
has power only to commit for trial to another Court, is not a Judge.
“Court of justice”
20. The words "Court of Justice" denote a Judge who is empowered by law
to act judicially alone, or a body of Judges which is empowered by law to
act judicially as a body, when such Judge or body of Judges is acting
judicially.
“Public servant”
21. The words "public servant" denote a person falling under any of the
descriptions hereinafter following, namely:First.-[Omitted by section 2 of the Penal Code (Amendment) Ordinance,
1982 (Ordinance No. X of 1982)];
Second. Every Commissioned Officer in the Military, Naval or Air Forces of
Bangladesh 10[ * * *];
11
[ Third.- Every Judge including any person empowered by any law to
perform, whether by himself or as a member of any body of persons, any
adjudicatory function;]
Fourth.- very officer of a Court of Justice whose duty it is, as such officer, to
investigate or report on any matter of law or fact, or to make, authenticate,
or keep any document, or to take charge or dispose of any property, or to
execute any judicial process, or to administer any oath, or to interpret, or
to preserve order in the Court; and every person specially authorized by a
Court of Justice to perform any of such duties;
Fifth.-Every juryman, assessor, or member of a panchayat assisting a Court
of Justice or public servant;
Sixth.-Every arbitrator or other person to whom any cause or matter has
been referred for decision or report by any Court of Justice, or by any other
competent public authority;
Seventh.-Every person who holds any office by virtue of which he is
empowered to place or keep any person in confinement;
Eighth.-Every officer of the Government whose duty it is, as such officer, to
prevent offences, to give information of offences, to bring offenders to
justice, or to protect the public health, safety or convenience;
Ninth.-Every officer whose duty it is, such officer, to take, receive, keep or
expend any property on behalf of the Government, or to make any survey,
assessment or contract on behalf of the Government, or to execute any
revenue-process, or to investigate, or to report, on any matter affecting the
pecuniary interests of the Government, or to make, authenticate or keep
any document relating to the pecuniary interest of the Government, or to
prevent the infraction of any law for the protection of the pecuniary
interests of the Government
12
[ * * *];
Tenth.-Every officer whose duty it is, as such officer, to take, receive, keep
or expend any property, to make any survey or assessment or to levy any
rate or tax for any secular common purpose of any village, town or district,
or to make, authenticate or keep any document for the ascertaining of the
rights of the people of any village, town or district;
Eleventh.-Every person who holds any office in virtue of which he is
empowered to prepare, publish, maintain or revise an electoral roll or to
conduct an election or part of an election.
Illustration
A Municipal Commissioner is a public servant.
13
[ Twelfth.-Every person-
(a) in the service or pay of the Government or remunerated by the
Government by fees or commissions for the performance of any public
duty;
(b) in the service or pay of a local authority or of a corporation, body or
authority established by or under any law or of a firm or company in which
any part of the interest or share capital is held by, or vested in, the
Government.]
Explanation 1.-Persons falling under any of the above descriptions are
public servants, whether appointed by the Government or not.
Explanation 2.-Wherever the words "public servant" occur, they shall be
understood of every person who is in actual possession of the situation of a
public servant, whatever legal defect there may be in his right to hold that
situation.
Explanation 3.-The word "election" denotes an election for the purpose of
selecting members of any legislative, municipal or other public authority, of
whatever character, the method of selection to which is by, or under, any
law prescribed as by election.
“Moveable
property”
22. The words "moveable property" are intended to include corporeal
property of every description, except land and thing attached to the earth
or permanently fastened to any thing which is attached to the earth.
“Wrongful gain”
23. "Wrongful gain" is gain by unlawful means of property to which the
person gaining is not legally entitled.
“Wrongful loss”
"Wrongful loss" is the loss by unlawful means of property to which the
person losing it is legally entitled.
Losing wrongfully
A person is said to gain wrongfully when such person retains wrongfully, as
well as when such person acquires wrongfully. A person is said to loss
wrongfully when such person is wrongfully kept out of any property, as well
as when such person is wrongfully deprived of property.
“Dishonestly”
24. Whoever does anything with the intention of causing wrongful gain to
one person or wrongful loss to another person, is said to do that thing
"dishonestly".
“Fraudulently"
25. A person is said to do a thing fraudulently if he does that thing with
intent to defraud but not otherwise.
“Reason to believe”
26. A person is said to have "reason to believe" a thing if he has sufficient
cause to believe that thing but not otherwise.
Property in
possession of wife,
clerk or servant
27. When property is in the possession of a person's wife, clerk or servant,
on account of that person, it is in that person's possession within the
meaning of this Code.
Explanation.-A person employed temporarily or on a particular occasion in
the capacity of a clerk, or servant, is a clerk or servant within the meaning
of this section.
“Counterfeit”
28. A person is said to "counterfeit" who causes one thing to resemble
another thing, intending by means of that resemblance to practice
deception, or knowing it to be likely that deception will thereby be
practiced.
Explanation 1.-It is not essential to counterfeiting that the imitation should
be exact.
Explanation 2.-When a person causes one thing to resemble another
thing, and resemblance is such that a person might be deceived thereby, it
shall be presumed, until the contrary is proved, that the person so causing
the one thing to resemble the other thing intended by means of that
resemblance to practice deception or knew it to be likely that deception
would thereby be practiced.
“Document”
29. The word "document" denotes any matter expressed or described upon
any substance by means of letters, figures, marks, or by more than one of
those means, intended to be used, or which may be used, as evidence of
that matter.
Explanation 1.-It is immaterial by what means or upon what substance the
letters, figures or marks are formed, or whether the evidence is intended
for, or may be used in a Court of Justice, or not.
Illustrations
A writing expressing the terms of a contract, which may be used as
evidence of the contract, is a document.
A cheque upon a banker is a document.
A Power-of-Attorney is a document.
A map or plan which is intended to be used or which may be used as
evidence, is a document.
A writing containing directions or instructions is a document.
Explanation 2.-Whatever is expressed by means of letters, figures or
marks as explained by mercantile or other usage, shall be deemed to be
expressed by such letters, figures or marks within the meaning of this
section, although the same may not be actually expressed.
Illustration
A writes his name on the back of a bill of exchange payable to his order.
The meaning of the endorsement, as explained by mercantile usage, is that
the bill is to be paid to the holder. The endorsement is a document, and
must be construed in the same manner as if the words "pay to the holder"
or words to that effect had been written over the signature.
“Valuable security”
30. The words "valuable security" denote a document which is, or purports
to be, a document whereby any legal right is created, extended,
transferred, restricted, extinguished or released, or whereby any person
acknowledges that he lies under legal liability, or has not a certain legal
right.
Illustration
A writes his name on the back of a bill of exchange. As the effect of this
endorsement is to transfer the right to the bill to any person who may
become the lawful holder of it, the endorsement is a "valuable security".
“A will”
31. The words "a will" denote any testamentary document.
Words referring to
acts include illegal
omissions
32. In every part of this Code, except where a contrary intention appears
from the context, words which refer to acts done extend also to illegal
omissions.
“Act” “Omission”
33. The word "act" denotes as well a series of acts as a single act: the word
"omission” denotes as well a series of omissions as a single omission.
Acts done by
several persons in
furtherance of
common intention
34. When a criminal act is done by several persons, in furtherance of the
common intention of all, each of such persons is liable for that act in the
same manner as if it were done by him alone.
When such an act is
criminal by reason
of its being done
with a criminal
knowledge or
intention
35. Whenever an act, which is criminal only by reason of its being done with
a criminal knowledge or intention, is done by several persons, each of such
persons who joins in the act with such knowledge or intention is liable for
the act in the same manner as if the act were done by him alone with that
knowledge or intention.
Effect caused partly
by act and partly by
omission
36. Wherever the causing of a certain effect, or an attempt to cause that
effect, by an act or by an omission, is an offence, it is to be understood that
the causing of that effect partly by an act and partly by an omission is the
same offence.
Illustration
A intentionally causes Z's death, partly by illegally omitting to give Z food,
and partly by beating Z. A has committed murder.
Co-operation by
doing one of
several Acts
constituting an
offence
37. When an offence is committed by means of several acts, whoever
intentionally co-operates in the commission of that offence by doing any
one of those acts, either singly or jointly with any other person, commits
that offence.
Illustrations
(a) A and B agree to murder Z by severally and at different times giving
him small doses of poison. A and B administer the poison according to the
agreement with intent to murder Z. Z dies from the effects of the several
doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder and as each of them does an act by
which the death is caused, they are both guilty of the offence though their
acts are separate.
(b) A and B are joint jailors, and as such, have the charge of Z, a prisoner,
alternately for six hours at a time. A and B, intending to cause Z's death,
knowingly co-operate in causing that effect by illegally omitting, each
during the time of his attendance, to furnish Z with food supplied to them
for that purpose. Z dies of hunger. Both A and B are guilty of the murder of
Z.
(c) A, a jailor, has the charge of Z, a prisoner. A intending to cause Z's
death, illegally omits to supply Z with food; in consequence of which Z is
much reduced in strength, but the starvation is not sufficient to cause his
death. A is dismissed from his office, and B succeeds him. B, without
collusion or co-operation with A, illegally omits to supply Z with food,
knowing that he is likely thereby to cause Z's death. Z dies of hunger. B is
guilty of murder, but, as A did not co-operate with B, A is guilty only of an
attempt to commit murder.
Persons concerned
in criminal act may
be guilty of
different offences
38. Where several persons are engaged or concerned in the commission of
a criminal act, they may be guilty of different offences by means of that act.
Illustration
A attacks Z under such circumstances of grave provocation that his killing of
Z would be only culpable homicide not amounting to murder. B having illwill towards Z and intending to kill him, and not having been subject to the
provocation, assists A in killing Z. Here, though A and B are both engaged
in causing Z's death, B is guilty of murder, and A is guilty only of culpable
homicide.
“Voluntarily”
39. A person is said to cause an effect "voluntarily" when he causes it by
means whereby he intended to cause it, or by means which, at the time of
employing those means, he knew or had reason to believe to be likely to
cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for the purpose
of facilitating robbery and thus causes the death of a person. Here, A may
not have intended to cause death, and may even be sorry that death has
been caused by his act: yet, if he knew that he was likely to cause death,
he has caused death voluntarily.
“Offence”
40. Except in the chapters and sections mentioned in clauses 2 and 3 of this
section, the word "offence" denotes a thing made punishable by this Code.
In Chapter IV, Chapter VA and in the following sections, namely, sections
64, 65, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203,
211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347,
348, 388, 389 and 445, the word "offence" denotes a thing punishable
under this Code, or under any special or local law as hereinafter defined.
And in sections 141, 176, 177, 201, 202, 212, 216 and 441 the word
"offence" has the same meaning when the thing punishable under the
special or local law is punishable under such law with imprisonment for a
term of six months or upwards, whether with or without fine.
“Special law”
41. A "special law" is a law applicable to a particular subject.
“Local law”
42. A "local law" is a law applicable only to a particular part of the
territories comprised in Bangladesh.
“Illegal” “Legally
bound to do”
43. The word “illegal” is applicable to everything which is an offence or
which is prohibited by law, or which furnishes ground for a civil action: and
a person is said to be "legally bound to do" whatever it is illegal in him to
omit.
“Injury”
44. The word "injury" denotes any harm whatever illegally caused to any
person, in body, mind, reputation or property.
“Life”
45. The word "life" denotes the life of a human being, unless the contrary
appears from the context.
“Death”
46. The word "death" denotes the death of a human being, unless the
contrary appears from the context.
“Animal”
47. The word "animal" denotes any living creature, other than a human
being.
“Vessel”
48. The word “vessel” denotes anything made for the conveyance by water
of human beings or of property.
“Year” “Month”
49. Wherever the word "year" or the word "month" is used, it is to be
understood that the year or the month is to be reckoned according to the
British calendar.
“Section”
50. The word "section" denotes one of those portions of a chapter of this
Code which are distinguished by prefixed numeral figures.
“Oath”
51. The word "oath" includes a solemn affirmation substituted by law for an
oath, and any declaration required or authorized by law to be made before
a public servant or to be used for the purpose of proof, whether in a Court
of Justice or not.
“Good faith”
52. Nothing is said to be done or believed in "good faith" which is done or
believed without due care and attention.
“Harbour”
14
[ 52A. Except in section 157, and in section 130 in the case in which the
harbour is given by the wife or husband of the person harboured, the word
"harbour" includes the supplying a person with shelter, food, drink, money,
clothes, arms, ammunition or means of conveyance, or the assisting a
person by any means, whether of the same kind as those enumerated in
this section or not, to evade apprehension.]
CHAPTER III
OF PUNISHMENTS
Punishments
53. The punishments to which offenders are liable under the provisions of
this Code are,Firstly,- Death;
Secondly,-
15
[ Imprisonment for life];
Thirdly,-[Omitted by the Criminal Law (Extinction of Discriminatory
Privileges) Act 1949 (Act No. II of 1950].
Fourthly,-Imprisonment, which is of two descriptions, namely:(1) Rigorous, that is, with hard labour;
(2) Simple;
Fifthly,- Forfeiture of property;
Sixthly,- Fine.
16
[ Explanation.-In the punishment of imprisonment for life, the
imprisonment shall be rigorous.]
Construction of
reference to
transportation
17
[ 53A.(1) Subject to the provisions of sub-section (2), any reference to
“transportation for life” in any other law for the time being in force shall be
construed as a reference to “imprisonment for life”.
(2) Any reference to transportation for a term or to transportation for a
shorter term (by whatever named called) in any other law for the time
being in force shall be deemed to have been omitted.
(3) Any reference to “transportation” in any other law for the time being in
force shall
(a) if the expression means transportation for life, be construed as a
reference to imprisonment for life;
(b) if the expression means transportation for any shorter term, be deemed
to have been omitted.]
Commutation of
sentence of death
54. In every case in which sentence of death shall have been passed, 18[
the Government] may, without the consent of the offender, commute the
punishment for any other punishment provided by this Code.
Commutation of
sentence of 19[
imprisonment ] for
life
55. In every case in which sentence of 20[ imprisonment] for life shall have
been passed, 21[ the Government] may, without the consent of the
offender, commute the punishment for imprisonment of either description
for a term not exceeding 22[ twenty] years.
Saving for
President’s
prerogative
23
24
56. [Repealed by Schedule of the Criminal Law (Extinction of Discriminatory
Privileges Act, 1949 (Act No. II of 1950).]
[ Repealed]
[ 55A. Nothing in section fifty-four or section fifty-five shall derogate from
the right of the President to grant pardons, reprieves, respites or remissions
of punishment.]
Fractions of terms
of punishment
57. In calculating fractions of terms of punishment, 25[ imprisonment] for
life shall be reckoned as equivalent to 26[ rigorous imprisonment for thirty
years].
27
[ Omitted]
58. [Omitted by section 6 of the Penal Code (Amendment) Ordinance, 1985
(Ordinance No. XLI of 1985).]
28
[ Omitted]
59. [Omitted by section 6 of the Penal Code (Amendment) Ordinance, 1985
(Ordinance No. XLI of 1985).]
Sentence may be
(in certain cases of
imprisonment,
60. In every case in which an offender is punishable with imprisonment
which may be of either description, it shall be competent to the Court which
wholly or partly
rigorous or simple
sentences such offender to direct in the sentence that such imprisonment
shall be wholly rigorous, or that such imprisonment shall be wholly simple,
or that any part of such imprisonment shall be rigorous and the rest simple.
29
[ Repealed]
61. [Repealed by section 4 of the Indian Penal Code (Amendment) Act,
1921 (Act No. XVI of 1921).]
30
[ Repealed]
62. [Repealed by section 4 of the Indian Penal Code (Amendment) Act,
1921 (Act No. XVI of 1921).]
Amount of fine
63. Where no sum is expressed to which a fine may extend, the amount of
fine to which the offender is liable is unlimited, but shall not be excessive.
Sentence of
imprisonment for
non-payment of
fine
64. In every case of an offence punishable with imprisonment as well as
fine, in which the offender is sentenced to a fine, whether with or without
imprisonment,
and in every case of an offence punishable with imprisonment or fine, or
with fine only, in which the offender is sentenced to a fine,
it shall be competent to the Court which sentences such offender to direct
by the sentence that, in default of payment of the fine, the offender shall
suffer imprisonment for a certain term, which imprisonment shall be in
excess of any other imprisonment to which he may have been sentenced or
to which he may be liable under a commutation of a sentence.
Limit to
imprisonment for
non-payment of
fine, when
imprisonment and
fine awardable
65. The term for which the Court directs the offender to be imprisoned in
default of payment of a fine shall not exceed one-fourth of the term of
imprisonment which is the maximum fixed for the offence, if the offence be
punishable with imprisonment as well as fine.
Description of
imprisonment for
non-payment of
66. The imprisonment which the Court imposes in default of payment of a
fine may be of any description to which the offender might have been
fine
sentenced for the offence.
Imprisonment for
non-payment of
fine, when offence
punishable with
fine only
67. If the offence be punishable with fine only, the imprisonment which the
Court imposes in default of payment of the fine shall be simple, and the
term for which the Court directs the offender to be imprisoned, in default of
payment of fine, shall not exceed the following scale, that is to say, for any
term not exceeding two months when the amount of the fine shall not
exceed fifty taka, and for any term not exceeding four months when the
amount shall not exceed one hundred taka, and for any term not exceeding
six months in any other case.
Imprisonment to
terminate on
payment of fine
68. The imprisonment which is imposed in default of payment of a fine shall
terminate whenever that fine is either paid or levied by process of law.
Termination of
imprisonment on
payment of proportional part of fine
69. If, before the expiration of the term of imprisonment fixed in default of
payment, such a proportion of the fine be paid or levied that the term of
imprisonment suffered in default of payment is not less than proportional to
the part of the fine still unpaid, the imprisonment shall terminate.
Illustration
A is sentenced to a fine of one hundred taka and four months imprisonment
in default of payment. Here, if seventy-five taka of the fine be paid or levied
before the expiration of one month of the imprisonment, A will be
discharged as soon as the first month has expired. If seventy-five taka be
paid or levied at the time of the expiration of the first month, or at any later
time while A continues in imprisonment, A will be immediately discharged.
If fifty taka of the fine be paid or levied before the expiration of the two
months of the imprisonments, A will be discharged as soon as the two
months are completed. If fifty taka be paid or levied at the time the
expiration of those two months, or at any later time while A continues in
imprisonment, A will be immediately discharged.
Fine leviable within
six years, or during
imprisonment
Death not to
discharge property
from liability
70. The fine, or any part thereof which remains unpaid, may be levied at
any time within six years after the passing of the sentence, and if, under
the sentence, the offender be liable to imprisonment for a longer period
then six years, then at any time previous to the expiration of that period;
and the death of the offender does not discharge from the liability any
property which would, after his death, be legally liable for his debts.
Limit of
punishment of
offence made up of
several offences
71. Where anything which is an offence is made up of parts, any of which
parts is itself an offence, the offender shall not be punished with the
punishment of more than one of such his offences, unless it be so expressly
provided.
Where anything is an offence falling within two or more separate definitions
of any law in force for the time being by which offences are defined or
punished, or
Where several acts, of which one or more than one would by itself or
themselves constitute an offence, constitute, when combined, a different
offence,
the offender shall not be punished with a more severe punishment than the
Court which tries him could award for any one of such offences.
Illustrations
(a) A gives Z fifty strokes with a stick. Here A may have committed the
offence of voluntarily causing hurt to Z by the whole beating, and also by
each of the blows which make up the whole beating. If A were liable to
punishment for every blow, he might be imprisoned for fifty years, one for
each blow. But he is liable only to one punishment for the whole beating.
(b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y,
here, as the blow given to Y is no part of the act whereby A voluntarily
causes hurt to Z, A is liable to one punishment for voluntarily causing hurt
to Z, and to another for the blow given to Y.
Punishment of
person guilty of
one of several
offences, the
judgment stating
that it is doubtful of
which
72. In all cases in which judgment is given that a person is guilty of one of
several offences specified in the judgment, but that it is doubtful of which
these offences he is guilty, the offender shall be punished for the offence for
which the lowest punishment is provided if the same punishment is not
provided for all.
Solitary
confinement
73. Whenever any person is convicted of an offence for which under this
Code the Court has power to sentence him to rigorous imprisonment, the
Court may, by its sentence, order that the offender shall be kept in solitary
confinement for any portion or portions of the imprisonment to which he is
sentenced, not exceeding three months in the whole, according to the
following scale, that is to say
a time not exceeding one month if the term of imprison-ment shall not
exceed six months:
a time not exceeding two months if the term of imprisonment shall exceed
six months and shall not exceed one year:
a time not exceeding three months if the term of imprisonment shall exceed
one year.
Limit of solitary
confinement
74. In executing a sentence of solitary confinement, such confinement shall
in no case exceed fourteen days at a time, with intervals between the
periods of solitary confinement of not less duration than such periods, and
when the imprisonment awarded shall exceed three months, the solitary
confinement shall not exceed seven days in any one month of the whole
imprisonment awarded, with intervals between the periods of solitary
confinement of not less duration than such periods.
Enhanced
punishment for
certain offences
under Chapter XII
or Chapter XVII
after previous
conviction
75. Whoever, having been convicted,
(a) by a Court in Bangladesh of an offence punishable under Chapter XII or
Chapter XVII of this Code with imprisonment of either description for a term
of three years or upwards; 31[ * * *]
(b) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
shall be guilty of any offence punishable under either of those Chapters with
like imprisonment for the like term, shall be
subject for every such subsequent offence to 32[ imprisonment] for life, or
to imprisonment of either description for a term which may extend to ten
years.
CHAPTER IV
GENERAL EXCEPTIONS
Act done by a
person bound, or
by mistake of fact
believing himself
bound, by law
76. Nothing is an offence which is done by a person who is, or who by
reason of a mistake of fact and not by reason of a mistake of law in good
faith believes himself to be, bound by law to do it.
Illustrations
(a) A, a soldier, fires on a mob by the order of his superior officer, in
conformity with the commands of the law. A has committed no offence.
(b) A, an officer of a Court of Justice, being ordered by that Court to arrest
Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed
no offence.
Act of judge when
77. Nothing is an offence which is done by a Judge when acting judicially in
acting judicially
the exercise of any power which is, or which in good faith he believes to be,
given to him by law.
Act done pursuant
to the judgment or
order of Court
78. Nothing which is done in pursuance of, or which is warranted by the
judgment or order of, a Court of Justice, if done whilst such judgment or
order remains in force, is an offence, notwithstanding the Court may have
had no jurisdiction to pass such judgment or order, provided the person
doing the act in good faith believes that the Court had such jurisdiction.
Act done by a
person justified, or
by mistake of fact
believing himself
justified, by law
79. Nothing is an offence which is done by any person who is justified by
law, or who by reason of a mistake of fact and not by reason of a mistake
of law in good faith, believes himself to be justified by law, in doing it.
Illustration
A sees Z commit what appears to A to be a murder. A, in the exercise, to
the best of his judgment, exerted in good faith of the power which the law
gives to all persons of apprehending murderers in the act, seizes Z, in order
to bring Z before the proper authorities. A has committed no offence,
though it may turn out that Z was acting in self-defence.
Accident in doing a
lawful act
80. Nothing is an offence which is done by accident or misfortune, and
without any criminal intention or knowledge in the doing of a lawful act in a
lawful manner by lawful means and with proper care and caution.
Illustration
A is at work with a hatchet; the head flies off and kills a man who is
standing by. Here if there was no want of proper caution on the part of A,
his act is excusable and not an offence.
Act likely to cause
harm, but done
without criminal
intent and to
prevent other harm
81. Nothing is an offence merely by reason of its being done with the
knowledge that it is likely to cause harm, if it be done without any criminal
intention to cause harm, and in good faith for the purpose of preventing or
avoiding other harm to person or property.
Explanation.-It is a question of fact in such a case whether the harm to be
prevented or avoided was of such a nature and so imminent as to justify or
excuse the risk of doing the act with the knowledge that it was likely to
cause harm.
Illustrations
(a) A, the captain of a steam vessel, suddenly and without any fault or
negligence on his part, finds himself in such a position that, before he can
stop his vessel, he must inevitably run down a boat B, with twenty or thirty
passengers on board, unless he changes the course of his vessel, and that,
by changing his course, he must incur risk of running down a boat C with
only two passengers on board, which he may possibly clear. Here, if A alters
his course without any intention to run down the boat C and in good faith
for the purpose of avoiding the danger to the passengers in the boat B, he
is not guilty of an offence, though he may run down the boat C by doing an
act which he knew was likely to cause that effect, if it be found as a matter
of fact that the danger which he intended to avoid was such as to excuse
him in incurring the risk of running down C.
(b) A, is a great fire, pulls down houses in order to prevent the
conflagration from spreading. He does this with intention in good faith
of saving human life or property. Here if it be found that the harm to be
prevented was of such a nature and so imminent as to excuse A's act, A is
not guilty of the offence.
33
Act of a child under
nine years of age
82. Nothing is an offence which is done by a child under
age.
Act of a child above
nine and under
twelve of immature
understanding
83. Nothing is an offence which is done by a child above 34[ nine] years of
age and under twelve, who has not attained sufficient maturity of
understanding to judge of the nature and consequences of his conduct on
that occasion.
Act of a person of
unsound mind
84. Nothing is an offence which is done by a person who, at the time of
doing it, by reason of unsoundness of mind, is incapable of knowing the
nature of the act, or that he is doing what is either wrong or contrary to
law.
Act of a person
incapable of
judgment by
reason of
intoxication caused
against his will
85. Nothing is an offence which is done by a person who, at the time of
doing it, is, by reason of intoxication, incapable of knowing the nature of
the act, or that he is doing what is either wrong, or contrary to law:
provided that the thing which intoxicated him was administered to him
without his knowledge or against his will.
[ nine] years of
Offence requiring a
particular intent or
knowledge
committed by one
who is intoxicated
86. In cases where an act done is not an offence unless done with a
particular knowledge or intent, a person who does the act in a state of
intoxication shall be liable to be dealt with as if he had the same knowledge
as he would have had if he had not been intoxicated, unless the thing which
intoxicated him was administered to him without his knowledge or against
his will.
Act not intended
and not known to
be likely to cause
death or grievous
hurt, done by
consent
87. Nothing which is not intended to cause death, or grievous hurt, and
which is not known by the doer to be likely to cause death, or grievous
hurt, is an offence by reason of any harm which it may cause, or be
intended by the doer to cause, to any person, above eighteen years of age,
who has given consent, whether express or implied, to suffer that harm; or
by reason of any harm which it may be known by the doer to be likely to
cause to any such person who has consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. This agreement
implies the consent of each to suffer any harm which in the course of such
fencing, may be caused without foul play; and if A, while playing fairly,
hurts Z, A commits no offence.
Act not intended to
cause death, done
by consent in good
faith for person’s
benefit
88. Nothing, which is not intended to cause death, is an offence by reason
of any harm which it may cause, or be intended by the doer to cause, or be
known by the doer to be likely to cause, to any person for whose benefit it
is done in good faith, and who has given a consent, whether express or
implied, to suffer that harm, or to take the risk of that harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause the
death of Z, who suffers under the painful complaint, but not intending to
cause Z's death, and intending, in good faith Z's benefit, performs that
operation on Z, with Z's consent. A has committed no offence.
Act done in good
faith for benefit of
child or insane
person, by or by
consent of guardian
89. Nothing which is done in good faith for the benefit of a person under
twelve years of age, or of unsound mind, by or by consent, either express
or implied, of the guardian or other person having lawful charge of that
person, is an offence by reason of any harm which it may cause, or be
intended by the doer to cause or be known by the doer to be likely to cause
to that person:
ProvidedFirstly.-That this exception shall not extend to the intentional causing of
death, or to the attempting to cause death;
Secondly.-That this exception shall not extend to the doing of anything
which the person doing it knows to be likely to cause death, for any purpose
other than the preventing of death or grievous hurt; or the curing of any
grievous disease or infirmity;
Thirdly.-That this exception shall not extent to the voluntary causing of
grievous hurt, or to the attempting to cause grievous hurt, unless it be for
the purpose of preventing death or grievous hurt, or the curing of any
grievous disease or infirmity;
Fourthly.-That this exception shall not extend to the abetment of any
offence, to the committing of which offence it would not extend.
Illustration
A, in good faith, for his child's benefit without his child's consent, has his
child cut for the stone by a surgeon, knowing it to be likely that the
operation will cause the child's death, but not intending to cause the child's
death. A is within the exception, inasmuch as his object was the cure of the
child.
Consent known to
be given under fear
or misconception
90. A consent is not such a consent as is intended by any section of this
Code, if the consent is given by a person under fear of injury, or under a
misconception of fact, and if the person doing the act knows, or has reason
to believe, that the consent was given in consequence of such fear or
misconception; or
Consent of insane
person
If the consent is given by a person who, from unsoundness of mind, or
intoxication, is unable to understand the nature and consequence of that to
which he gives his consent; or
Consent of child
Unless the contrary appears from the context, if the consent is given by a
person who is under twelve years of age.
Exclusion of acts
which are offences
independently of
harm caused
91. The exceptions in sections 87, 88 and 89 do not extend to acts which
are offences independently of any harm which they may cause, or be
intended to cause, or be known to be likely to cause, to the person giving
the consent, or on whose behalf the consent is given.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of saving
the life of woman) is an offence independently of any harm which it may
cause or be intended to cause to the woman. Therefore, it is not an offence
“by reason of such harm”; and the consent of the woman or of her guardian
to the causing of such miscarriage does not justify the act.
Act done in good
faith for benefit of
a person without
consent
92. Nothing is an offence by reason of any harm which it may cause to a
person for whose benefit it is done in good faith, even without that person's
consent, if the circumstances are such that it is impossible for that person
to signify consent, or if that person is incapable of giving consent, and has
no guardian or other person in lawful charge of him from whom it is
possible to obtain consent in time for the thing to be done with benefit:
ProvidedFirstly.-That this exception shall not extend to the intentional causing of
death, or the attempting to cause death;
Secondly.-That this exception shall not extend to the doing of anything
which the person doing it knows to be likely to cause death, for any purpose
other than the preventing of death or grievous hurt, or the curing of any
grievous disease or infirmity;
Thirdly.-That this exception shall not extend to the voluntary causing of
hurt, or to the attempting to cause hurt, for any purpose other than the
preventing of death or hurt;
Fourthly.-That this exception shall not extend to the abetment of any
offence, to the committing of which offence it would not extend.
Illustrations
(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z
requires to be trepanned. A not intending Z's death but in good faith for Z's
benefit, performs the trepan before Z recovers his power of judging for
himself. A has committed no offence.
(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that
the shot may kill Z, but not intending to kill Z, and in good faith intending
Z's benefit. A's ball gives Z a mortal wound. A has committed no offence.
(c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal
unless an operation be immediately performed. There is no time to apply to
the child's guardian. A performs the operation inspite of the entreaties of
the child, intending, in good faith, the child's benefit. A has committed no
offence.
(d) A is in a house which is on fire, with Z, a child. People below hold out a
blanket. A drops the child from the housetop, knowing it to be likely that
the fall may kill the child, but not intending to kill the child, and intending,
in good faith, the child's benefit. Here even if the child is killed by the fall, A
has committed no offence.
Explanation.-Mere pecuniary benefit is not benefit within the meaning of
sections 88, 89 and 92.
Communication
made in good faith
93. No communication made in good faith is an offence by reason of any
harm to the person to whom it is made, if it is made for the benefit of that
person.
Illustration
A, a surgeon, in good faith, communicates to a patient his opinion that he
cannot live. The patient dies in consequence of the shock. A has committed
no offence, though he knew it to be likely that the communication might
cause the patient's death.
Act to which a
person is compelled
by threats
94. Except murder, and offences against the State punishable with death,
nothing is an offence which is done by a person who is compelled to do it by
threats, which, at the time of doing it, reasonably cause the apprehension
that instant death to that person will otherwise be the consequence:
Provided the person doing the act did not of his own accord, or from a
reasonable apprehension of harm to himself short of instant death, place
himself in the situation by which he became subject to such constraint.
Explanation 1.-A person who, of his own accord, or by reason of a threat
of being beaten, joins a gang of dacoits, knowing their character, is not
entitled to the benefit of this exception on the ground of his having been
compelled by his associates to do anything that is an offence by law.
Explanation 2.-A person seized by a gang of dacoits, and forced by threat
of instant death, to do a thing which is an offence by law; for example, a
smith compelled to take his tools and to force door of a house for the
dacoits to enter and plunder it, is entitled to the benefit of this exception.
Act causing slight
harm
95. Nothing is an offence by reason that it causes, or that it is intended to
cause, or that it is known to be likely to cause, any harm, if that harm, is so
slight that no person of ordinary sense and temper would complain of such
harm.
Of the Right of the Private Defence
Things done in
private defence
96. Nothing is an offence which is done in the exercise of the right of
private defence.
Right of private
defence of the body
and of property
97. Every person has a right, subject to the restrictions contained in
section 99, to defend
Firstly.-His own body, and the body of any other person against any offence
affecting the human body;
Secondly.-The property, whether moveable or immovable, of himself or of
any other person, against any act which is an offence falling under the
definition of theft, robbery, mischief or criminal trespass, or which is an
attempt to commit theft, robbery, mischief or criminal trespass.
Right of private
defence against the
act of a person of
unsound mind, etc
98. When an act, which would otherwise be a certain offence is not that
offence, by reason of the youth, the want of maturity of understanding, the
unsoundness of mind or the intoxication of the person doing that act, or by
reason of any misconception on the part of that person, every person has
the same right of private defence against that act which he would have if
the act were that offence.
Illustrations
(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no
offence. But A has the same right of private defence which he would have if
Z were sane.
(b) A enters by night a house which he is legally entitled to enter. Z, in
good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A
under this misconception, commits no offence. But A has the same right of
private defence against Z, which he would have if Z were not acting under
that misconception.
Acts against which
there is no right
private defence
99. There is no right of private defence against an act which does not
reasonably cause the apprehension of death or of grievous hurt, if done, or
attempted to be done by a public servant acting in good faith under colour
of his office, though that act may not be strictly justifiable by law.
There is no right of private defence against an act which does not
reasonably cause the apprehension of death or of grievous hurt, if done, or
attempted to be done, by the direction of a public servant acting in good
faith under colour of his office, though that act may not be strictly
justifiable by law.
There is no right of private defence in cases in which there is time to have
recourse to the protection of the public authorities.
Extent to which the
right may be
exercised
The right of private defence in no case extends to the inflicting of more
harm than it is necessary to inflict for the purpose of defence.
Explanation 1.-A person is not deprived of the right of private defence
against an act done, or attempted to be done, by a public servant, as such
unless he knows, or has reason to believe, that the person doing the act is
such public servant.
Explanation 2.-A person is not deprived of the right of private defence
against an act done, or attempted to be done, by the direction of a public
servant, unless he knows, or has reason to believe, that the person doing
the act is acting by such direction, or unless such person states the
authority under which he acts, or if he has authority in writing, unless he
produces such authority, if demanded.
When the right of
private defence of
the body extends to
causing death
100. The right of private defence of the body extends, under the restrictions
mentioned in the last preceding section, to the voluntary causing of death
or of any other harm to the assailant, if the offence which occasions the
exercise of the right be of any of the descriptions hereinafter enumerated,
namely:Firstly.-Such an assault as may reasonably cause the apprehension that
death will otherwise be the consequence of such assault;
Secondly.-Such an assault as may reasonably cause the apprehension that
grievous hurt will otherwise be the consequence of such assault;
Thirdly.-An assault with the intention of committing rape;
Fourthly.-An assault with the intention of gratifying unnatural lust;
Fifthly.-An assault with the intention of kidnapping or abducting;
Sixthly.-An assault with the intention of wrongfully confining a person,
under circumstances which may reasonably cause him to apprehend that he
will be unable to have recourse to the public authorities for his release.
When such right
extends to causing
any harm other
than death
101. If the offence be not of any of the descriptions enumerated in the last
preceding section, the right of private defence of the body does not extend
to the voluntary causing of death to the assailant, but does extend, under
the restrictions mentioned in section 99 to the voluntary causing to the
assailant of any harm other than death.
Commencement
and continuance of
the right of private
defence of the body
102. The right of private defence of the body commences as soon as a
reasonable apprehension of danger to the body arises from an attempt or
threat to commit the offence though the offence may not have been
committed; and it continues as long as such, apprehension of danger to the
body continues.
When the right of
private defence of
property extends to
103. The right of private defence of property extends, under the restrictions
mentioned in section 99, to the voluntary causing of death or of any other
harm to the wrong-doer, if the offence, the committing of which, or the
causing death
attempting to commit which, occasions the exercise of the right, be an
offence of any of the descriptions hereinafter enumerated, namely:Firstly.-Robbery;
Secondly.-House-breaking by night;
Thirdly.-Mischief by fire committed on any building, tent or vessel, which
building, tent or vessel is used as a human dwelling or as a place for the
custody of property;
Fourthly.-Theft, mischief or house-trespass, under such circumstances as
may reasonably cause apprehension that death or grievous hurt will be the
consequence, if such right of private defence is not exercised;
When such right
extends to causing
any harm other
than death
104. If the offence, the committing of which, or the attempting to commit
which, occasions the exercise of the right of private defence, be theft,
mischief, or criminal trespass, not of any of the descriptions enumerated in
the last preceding section, that right does not extend to the voluntary
causing of death, but does extend, subject to the restrictions mentioned in
section 99, to the voluntary causing to the wrong-doer of any harm other
than death.
Commencement
and continuance of
the right of private
defence of property
105. The right of private defence of property commences when a
reasonable apprehension of danger to the property commences.
The right of private defence of property against theft continues till the
offender has effected his retreat with the property or either the assistance
of the public authorities is obtained, or the property has been recovered.
The right of private defence of property against robbery continues as long
as the offender causes or attempts to cause to any person death or hurt or
wrongful restraint or as long as the fear of instant death or of instant hurt
or of instant personal restraint continues.
The right of private defence of property against criminal trespass or
mischief continues as long as the offender continues in the commission of
criminal trespass or mischief.
The right of private defence of property against house-breaking by night
continues as long as the house-trespass which has been begun by such
house-breaking continues.
Right of private
defence against
deadly assault
when there is risk
of harm to innocent
person
106. If in the exercise of the right of private defence against an assault
which reasonably causes the apprehension of death, the defender be so
situated that he cannot effectually exercise that right without risk of harm
to an innocent person, his right of private defence extends to the running of
that risk.
Illustration
A is attacked by a mob who attempt to murder him. He cannot effectually
exercise his right of private defence without firing on the mob, and he
cannot fire without risk of harming young children who are mingled with the
mob. A commits no offence if by so firing he harms any of the children.
CHAPTER V
OF ABETMENT
Abetment of a thing
107. A person abets the doing of a thing, who
Firstly.-Instigates any person to do that thing; or
Secondly.-Engages with one or more other person or persons in any
conspiracy for the doing of that thing, if an act or illegal omission takes
place in pursuance of that conspiracy, and in order to the doing of that
thing; or
Thirdly.-Intentionally aids, by any act or illegal omission, the doing of that
thing.
Explanation 1.-A person who, by wilful misrepresenta-tion, or by wilful
concealment of a material fact which he is bound to disclose, voluntarily
causes or procures, or attempts to cause or procure, a thing to be done, is
said to instigate the doing of that thing.
Illustration
A, a public officer, is authorized by a warrant from a Court of Justice to
apprehend Z. B, knowing that fact and also that C is not Z, wilfully
represents to A that C is Z, and thereby intentionally causes A to apprehend
C. Here B abets by instigation the apprehension of C.
Explanation 2.-Whoever, either prior to or at the time of the commission
of an act, does anything in order to facilitate the commission of that act,
and thereby facilitates the commission thereof, is said to aid the doing of
that act.
Abettor
108. A person abets an offence, who abets either the commission of an
offence, or the commission of an act which would be an offence, if
committed by a person capable by law of committing an offence with the
same intention or knowledge as that of the abettor.
Explanation 1.-The abetment of the illegal omission of an act may amount
to an offence although the abettor may not himself be bound to do that act.
Explanation 2.-To constitute the offence of abetment it is not necessary
that the act abetted should be committed, or that the effect requisite to
constitute the offence should be caused.
Illustrations
(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B
to commit murder.
(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D
recovers from the wound. A is guilty of instigating B to commit murder.
Explanation 3.-It is not necessary that the person abetted should be
capable by law of committing an offence, or that he should have the same
guilty intention or knowledge as that of the abettor, or any guilty intention
or knowledge.
Illustrations
(a) A, with a guilty intention, abets a child or a lunatic to commit an act
which would be an offence, if committed by a person capable by law of
committing an offence, and having the same intention as A. Here A,
whether the act be committed or not, is guilty of abetting an offence.
(b) A, with the intention of murdering Z, instigates B, a child under seven
years of age, to do an act which causes Z's death. B, in consequence of the
abetment, does the act in the absence of A and thereby, causes Z's death.
Here, though B was not capable by law of committing an offence, A is liable
to be punished in the same manner as if B had been capable by law of
committing an offence, and had committed murder, and he is therefore
subject to the punishment of death.
(c) A instigates B to set fire to a dwelling-house. B, in consequence of the
unsoundness of his mind, being incapable of knowing the nature of the act,
or that he is doing what is wrong or contrary to law, sets fire to the house
in consequence of A's instigation. B has committed no offence, but A is
guilty of abetting the offence of setting fire to a dwelling-house, and is liable
to the punishment provided for that offence.
(d) A intending to cause a theft to be committed, instigates B to take
property belonging to Z out of Z's possession. A induces B to believe that
the property belongs to A. B takes the property out of Z's possession, in
good faith, believing it to be A's property. B, acting under this
misconception, does not take dishonestly, and therefore does not commit
theft. But A is guilty of abetting theft, and is liable to the same punishment
as if B had committed theft.
Explanation 4.-The abetment of an offence being an offence, the abetment
of such an abetment is also an offence.
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates C to
murder Z, and C commits that offence in consequence of B's instigation. B
is liable to be punished for his offence with the punishment for murder;
and, as A instigated B to commit the offence, A is also liable to the same
punishment.
Explanation 5.-It is not necessary to the commission of the offence of
abetment by conspiracy that the abettor should concert the offence with the
person who commits it. It is sufficient if he engages in the conspiracy in
pursuance of which the offence is committed.
Illustration
A concerts with B a plan for poisoning Z. It is agreed that A shall administer
the poison. B then explains the plan to C mentioning that a third person is
to administer the poison, but without mentioning A's name. C agrees to
procure the poison, and procures and delivers it to B for the purpose of its
being used in the manner explained. A administers the poison; Z dies in
consequence. Here, though A and C have not conspired together, yet C has
been engaged in the conspiracy in pursuance of which Z has been
murdered. C has therefore committed the offence defined in this section
and is liable to the punishment for murder.
Abetment in
Bangladesh, of
offences outside it
35
[ 108A. A person abets an offence within the meaning of this Code who, in
Bangladesh, abets the commission of any act without and beyond
Bangladesh which would constitute an offence committed in Bangladesh.]
Abetment in Bangladesh of offences outside it
Illustration
A, in Bangladesh, instigates B, a foreigner in Goa, to commit a murder in
Goa. A is guilty of abetting murder.
Punishment of
abetment if the act
abetted is
committed in
consequence and
where no express
provision is made
for its punishment
109. Whoever abets any offence shall, if the act abetted is committed in
consequence of the abetment, and no express provision is made by this
Code for the punishment of such abetment, be punished with the
punishment provided for the offence. Punishment of abetment if the act
abetted is committed in consequence and where no express provision is
made for its punishment
Explanation.-An act or offence is said to be committed in consequence of
abetment, when it is committed in consequence of the instigation, or in
pursuance of the conspiracy, or with the aid which constitutes the
abetment.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing A some
favour in the exercise of B's official functions. B accepts the bribe. A has
abetted the offence defined in section 161.
(b) A instigates B to give false evidence. B, in consequence of the
instigation commits that offence. A is guilty of abetting that offence, and is
liable to the same punishment as B.
(c) A and B conspire to poison Z. A, in pursuance of the conspiracy,
procures the poison and delivers it to B in order that he may administer it
to Z. B, in pursuance of the conspiracy, administers the poison to Z in A's
absence and thereby causes Z's death. Here B is guilty of murder. A is
guilty of abetting that offence by conspiracy, and is liable to the punishment
for murder.
Punishment of
abetment if person
abetted does act
with different
intention from that
of abettor
Punishment of abetment if person abetted does act with different intention
from that of abettor 110. Whoever abets the commission of an offence
shall, if the person abetted does the act with a different intention or
knowledge from that of the abettor, be punished with the punishment
provided for the offence which would have been committed if the act had
been done with the intention or knowledge of the abettor and with no other.
Liability of abettor
when one act
abetted and
different act done
Liability of abettor when one act abetted and different act done 111. When
an act is abetted and a different act is done, the abettor is liable for the act
done, in the same manner and to the same extent as if he had directly
abetted it:
Provided the act done was a probable consequence of the abetment, and
was committed under the influence of the instigation, or with the aid or in
pursuance of the conspiracy which constituted the abetment.
Illustrations
(a) A instigates a child to put poison into the food of Z, and gives him
poison for that purpose. The child, in consequence of the instigation, by
mistake puts the poison into a food of Y, which is by the side of that of Z.
Here if the child was acting under the influence of A's instigation, and the
act done was under the circumstances a probable consequence of the
abetment, A is liable in the same manner and to the same extent as if he
had instigated the child to put the poison into the food of Y.
(b) A instigates B to burn Z's house. B sets fire to the house and at the
same time commits theft of property there. A, though guilty of abetting the
burning of the house, is not guilty of abetting the theft; for the theft was a
distinct act, and not a probable consequence of the burning.
(c) A instigates B and C to break into an inhabited house at midnight for the
purpose of robbery, and provides them with arms for that purpose. B and C
break into the house, and being resisted by Z, one of the inmates, murder
Z. Here, if that murder was the probable consequence of the abetment, A is
liable to the punishment provided for murder.
Abettor when liable
to cumulative
punishment for act
abetted and for act
done
112. If the act for which the abettor is liable under the last preceding
section is committed in addition to the act abetted, and constitutes a
distinct offence, the abettor is liable to punishment for each of the offences.
Illustration
A instigates B to resist by force a distress made by a public servant. B, in
consequence, resists that distress. In offering the resistance, B voluntarily
causes grievous hurt to the officer executing the distress. As B has
committed both the offence of resisting the distress, and the offence of
voluntarily causing grievous hurt, B is liable to punishment for both these
offences; and, if A knew that B was likely voluntarily to cause grievous hurt
in resisting the distress, A will also be liable to punishment for each of the
offences.
Liability of abettor
for an effect caused
by the act abetted
different from that
intended by the
abettor
113. When an act is abetted with the intention on the part of the abettor of
causing a particular effect, and an act for which the abettor is liable in
consequence of the abetment, causes a different effect from that intended
by the abettor, the abettor is liable for the effect caused, in the same
manner and to the same extent as if he had abetted the act with the
intention of causing that effect, provided he knew that the act abetted was
likely to cause that effect.
Illustration
A instigates B to cause grievous hurt to Z. B, in consequence of the
instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A
knew that the grievous hurt abetted was likely to cause death, A is liable to
be punished with the punishment provided for murder.
Abettor present
when offence is
committed
114. Whenever any person, who if absent would be liable to be punished as
an abettor, is present when the act or offence for which he would be
punishable in consequence of the abetment is committed, he shall be
deemed to have committed such act or offence.
Abetment of
offence punishable
with death or
imprisonment for
life- if offence not
committed; if act
causing harm be
done in
consequence
115. Whoever abets the commission of an offence punishable with death or
36
[ imprisonment] for life, shall, if that offence be not committed in
consequence of the abetment, and no express provision is made by this
Code for the punishment of such abetment, be punished with imprisonment
of either description for a term which may extend to seven years, and shall
also be liable to fine;
and if any act for which the abettor is liable in consequence of the
abetment, and which causes hurt to any person, is done, the abettor shall
be liable to imprisonment of either description for a term which may extend
to fourteen years, and shall also be liable to fine.
Illustration
A instigates B to murder Z. The offence is not committed. If B had
murdered Z, he would have been subject to the punishment of death or 37[
imprisonment] for life. Therefore A is liable to imprisonment for a term
which may extend to seven years and also to a fine; and, if any hurt be
done to Z in consequence of the abetment, he will be liable to imprisonment
for a term which may extend to fourteen years, and to fine.
Abetment of
offence punishable
with
imprisonment– if
offence be not
committed; if
abettor or person
abetted be a public
servant whose duty
it is to prevent
offence
116. Whoever abets an offence punishable with imprisonment shall, if that
offence be not committed in consequence of the abetment, and no express
provision is made by this Code for the punishment of such abetment, be
punished with imprisonment of any description provided for that offence for
a term which may extend to one-fourth part of the longest term provided
for that offence; or with such fine as is provided for that offence, or with
both;
and if the abettor or the person abetted is a public servant, whose duty it is
to prevent the commission of such offence, the abettor shall be punished
with imprisonment of any description provided for that offence, for a term
which may extend to one-half of the longest term provided for that offence,
or with such fine as is provided for the offence, or with both.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing A some
favour in the exercise of B's official functions. B refuses to accept the bribe.
A is punishable under this section.
(b) A instigates B to give false evidence. Here, if B does not give false
evidence, A has nevertheless committed the offence defined in this section,
and is punishable accordingly.
(c) A, a police-officer, whose duty it is to prevent robbery, abets the
commission of robbery. Here, though the robbery be not committed, A is
liable to one-half of the longest term of imprisonment provided for that
offence, and also to fine.
(d) B abets the commission of a robbery by A, a police-officer, whose duty
it is to prevent that offence. Here though the robbery be not committed, B
is liable to one-half of the longest term of imprisonment provided for the
offence of robbery, and also to fine.
Abetting
commission of
offence by the
public, or by more
than ten persons
117. Whoever abets the commission of an offence by the public generally or
by any number or class of persons exceeding ten, shall be punished with
imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
Illustration
A affixes in a public place a placard instigating a sect consisting of more
than ten members to meet at a certain time and place, for the purpose of
attacking the members of an adverse sect, while engaged in a procession. A
has committed the offence defined in this section.
Concealing design
to commit offence
punishable with
death or
imprisonment for
life- if offence be
committed; if
offence be not
committed
118. Whoever intending to facilitate or knowing it to be likely that he will
thereby facilitate the commission of an offence punishable with death or 38[
imprisonment] for life,
voluntarily conceals, by any act or illegal omission, the existence of a
design to commit such offence or makes any representation which he knows
to be false respecting such design,
shall, if that offence be committed, be punished with imprisonment of either
description for a term which may extend to seven years, or, if the offence
be not committed, with imprisonment of either description for a term which
may extend to three years; and in either case shall also be liable to fine.
Illustration
A, knowing that dacoity is about to be committed at B, falsely informs the
Magistrate that a dacoity is about to be committed at C, a place in an
opposite direction, and thereby misleads the Magistrate with intent to
facilitate the commission of the offence. The dacoity is committed at B in
pursuance of the design. A is punishable under this section.
Public servant
concealing design
to commit offence
which it is his duty
to prevent-
119. Whoever, being a public servant intending to facilitate or knowing it to
be likely that he will thereby facilitate the commission of an offence which it
is his duty as such public servant to prevent,
if offence be
committed;
shall, if the offence be committed, be punished with imprisonment of any
description provided for the offence, for a term which may extend to onehalf of the longest term of such imprisonment, or with such fine as is
provided for that offence, or with both;
if offence be
punishable with
death, etc;
or, if the offence be punishable with death or 39[ imprisonment] for life, with
imprisonment of either description for a term which may extend to ten
years;
if offence be not
committed
or, if the offence be not committed, shall be punished with imprisonment of
any description provided for the offence for a term which may extend to
one-fourth part of the longest term of such imprisonment or with such fine
as is provided for the offence, or with both.
voluntarily conceals, by any act or illegal omission, the existence of a
design to commit such offence, or makes any representation which he
knows to be false respecting such design,
Illustration
A, an officer of police, being legally bound to give information of all designs
to commit robbery which may come to his knowledge, and knowing that B
designs to commit robbery, omits to give such information, with intent to
facilitate the commission of that offence. Here A has by an illegal omission
concealed the existence of B's design, and is liable to punishment according
to the provision of this section.
Concealing design
to commit offence
punishable with
imprisonment
120. Whoever, intending to facilitate or knowing it to be likely that he will
thereby facilitate the commission of an offence punishable with
imprisonment,
voluntarily conceals, by any act or illegal omission, the existence of a
design to commit such offence, or makes any representation which he
knows to be false respecting such design,
if offence be
committed; if
offence be not
committed
shall, if the offence be committed, be punished with imprisonment of the
description provided for the offence, for a term which may extend to onefourth, and, if the offence be not committed, to one-eighth, of the longest
term of such imprisonment, or with such fine as is provided for the offence,
or with both.
40
CHAPTER VA
CRIMINAL CONSPIRACY
Definition of
criminal conspiracy
120A. When two or more persons agree to do, or cause to be done,(1) an illegal act, or
(2) an act which is not illegal by illegal means, such an agreement is
designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence
shall amount to a criminal conspiracy unless some act besides the
agreement is done by one or more parties to such agreement in pursuance
thereof.
Explanation.-It is immaterial whether the illegal act is the ultimate object
of such agreement, or is merely incidental to that object.
Punishment of
criminal conspiracy
120B. (1) Whoever is a party to a criminal conspiracy to commit an offence
punishable with death, 41[ imprisonment for life] or rigorous imprisonment
for a term of two years or upwards, shall, where no express provision is
made in this Code for the punishment of such a conspiracy, be punished in
the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal
conspiracy to commit an offence punishable as aforesaid shall be punished
with imprisonment of either description for a term not exceeding six
months, or with fine or with both.]
CHAPTER VI
OF OFFENCES AGAINST THE STATE
Waging or
attempting to wage
war, or abetting
waging of war,
against Bangladesh
121. Whoever wages war against Bangladesh, or attempts to wage such
war, or abets the waging of such war, shall be punished with death, or 42[
imprisonment] for life, and shall also be liable to fine.Illustration
Conspiracy to
commit offences
punishable by
section 121
43
A joins an insurrection against Bangladesh. A has committed the offence
defined in this section.
[ 121A. Whoever within or without Bangladesh conspires to commit any of
the offences punishable by section 121, or to deprive Bangladesh of the
sovereignty of her territories or of any part thereof, or conspires to
overawe, by means of criminal force or the show of criminal force, the
Government, shall be punished with 44[ imprisonment for life] or with
imprisonment of either description which may extend to ten years, and shall
also be liable to fine.]
Explanation.-To constitute a conspiracy under this section, it is not
necessary that any act or illegal omission shall take place in pursuance.
Collecting arms,
etc, with intention
of waging war
against Bangladesh
122. Whoever collects men, arms or ammunition or otherwise prepares to
wage war with the intention of either waging or being prepared to wage war
against Bangladesh, shall be punished with 45[ imprisonment] for life or
imprisonment of either description for a term not exceeding ten years, and
shall also be liable to fine.
Concealing with
intent to facilitate
design to wage war
123. Whoever, by any act, or by any illegal omission, conceals the existence
of a design to wage war against Bangladesh, intending by such concealment
to facilitate, or knowing it to be likely that such concealment will facilitate
the waging of such war, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be
liable to fine.
Condemnation of
the creation of the
State, and
advocacy of
abolition of its
sovereignty
46
[ 123A. (I) Whoever, with or without Bangladesh, with intent to influence,
or knowing it to be likely that he will influence, any person or the whole or
any section of the public, in a manner likely to be prejudicial to the safety of
Bangladesh, or to endanger the sovereignty of Bangladesh in respect of all
or any of the territories lying within its borders, shall by words, spoken or
written, or by signs or visible representation, condemn the creation of
Bangladesh 47[ in pursuance of the Proclamation of Independence on the
twenty-sixth day of March, 1971], or advocate the curtailment or abolition
of the sovereignty of Bangladesh in respect of all or any of the territories
lying within its borders, whether by amalgamation with the territories of
neighboring States or otherwise, shall be punished with rigorous
imprisonment which may extend to ten years and shall also be liable to fine.
(2) Notwithstanding anything contained in any other law for the time being
in force, when any person is proceeded against under this section, it shall
be lawful for any Court before which he may be produced in the course of
the investigation or trial, to make such order as it may think fit in respect of
his movements, of his association or communication with other persons,
and of his activities in regard to dissemination of news, propagation of
opinions, until such time as the case is finally decided.]
(3) Any Court which is a Court of appeal or of revision in relation to the
Court mentioned in sub-section (2) may also make an order under that subsection.]
Assaulting
President, The
Government, etc,
with intent to
compel or restrain
the exercise of any
lawful power
124. Whoever, with the intention of inducing or compelling the President of
Bangladesh, or 48[ the Government], to exercise or refrain from exercising
in any manner any of the lawful powers of the President, or 49[ the
Government],
assaults, or wrongfully restrains, or attempts wrongfully to restrain, or
overawes, by means of criminal force or the show of criminal force, or
attempts so to overawe, the President, 50[ * * *],
shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
Sedition
51
[ 124A. Whoever by words, either spoken or written, or by signs, or by
visible representation, or otherwise, brings or attempts to bring into hatred
or contempt, or excites or attempts to excite disaffection towards, the
Government established by law shall be punished with 52[ imprisonment for
life] or any shorter term, to which fine may be added, or with imprisonment
which may extend to three years, to which fine may be added, or with fine.]
Explanation 1.-The expression "disaffection" includes disloyalty and all
feelings of enmity.
Explanation 2.-Comments expressing disapprobation of the measures of
the Government with a view to obtain their alteration by lawful means,
without exciting or attempting to excite hatred, contempt or disaffection, do
not constitute an offence under this section.
Explanation 3.-Comments expressing disapprobation of the administrative
or other action of the Government without exciting or attempting to excite
hatred, contempt or disaffection, do not constitute an offence under this
section.
Waging war against
any Asiatic Power
in alliance with
Bangladesh
125. Whoever wages war against the Government of any Asiatic power in
alliance or at peace with Bangladesh or attempts to wage such war, or
abets the waging of such war, shall be punished with 53[ imprisonment] for
life, to which fine may be added, or with imprisonment of either description
for a term which may extend to seven years, to which fine may be added,
or with fine.
Committing
depredation on
territories of Power
at peace with
Bangladesh
126. Whoever commits depredation, or makes preparations to commit
depredation, on the territories of any Power in alliance or at peace with
Bangladesh, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine and
to forfeiture of any property used or intended to be used in committing such
depredation, or acquired by such depredation.
Receiving property
taken by war or
depredation
mentioned in
sections 125 and
126
127. Whoever receives any property knowing the same to have been taken
in the commission of any of the offences mentioned in sections 125 and
126, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine and to
forfeiture of the property so received.
Public servant
voluntarily allowing
prisoner of State or
war to escape
128. Whoever, being a public servant and having the custody of any State
prisoner or prisoner of war, voluntarily allows such prisoner to escape from
any place in which such prisoner is confined, shall be punished with 54[
imprisonment] for life, or imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
Public servant
negligently
suffering such
prisoner to escape
129. Whoever, being a public servant and having the custody of any State
prisoner or prisoner of war, negligently suffers such prisoner to escape from
any place of confinement in
which such prisoner is confined, shall be punished with simple imprisonment
for a term which may extend to three years, and shall also be liable to fine.
Aiding escape of,
rescuing or
harbouring such
prisoner
130. Whoever knowingly aids or assists any State prisoner or prisoner of
war in escaping from lawful custody, or rescues or attempts to rescue any
such prisoner, or harbours or conceals any such prisoner who has escaped
from lawful custody, or offers or attempts to offer any resistance to the
recapture of such prisoner shall be punished with 55[ imprisonment] for life,
or with imprisonment of either description for a term which may extend to
ten years and shall also be liable to fine.
Explanation.-A State prisoner or prisoner of war, who is permitted to be at
large on his parole within certain limits in Bangladesh, is said to escape
from lawful custody if he goes beyond the limits within which he is allowed
to be at large.
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
Abetting mutiny, or
attempting to
seduce a soldier,
sailor or airman
from his duty
131. Whoever abets the committing of mutiny by an officer, soldier, sailor
or airman, in the Army, Navy or Air Force of Bangladesh, or attempts to
seduce any such officer, soldier, sailor or airman from his allegiance or his
duty, shall be punished with 56[ imprisonment] for life, or with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Explanation.-In this section the words "officer", “soldier", "sailor" and
"airman" include any person subject to the 57[ Army Act, 1952 or the Navy
Ordinance, 1961 or the Air Force Act, 1953], as the case may be.
Abetment of
mutiny, if mutiny is
committed in
consequence
thereof
132. Whoever abets the committing of mutiny by an officer, soldier, sailor
or airman, in the Army, Navy or Air Force of Bangladesh, shall, if mutiny be
committed in consequence of that abetment, be punished with death or
with 58[ imprisonment] for life, or imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.
Abetment of
assault by soldier,
sailor or airman on
his superior officer,
when in execution
of his office
133. Whoever, abets an assault by an officer, soldier, sailor or airman, in
the Army, Navy or Air Force of Bangladesh, on any superior officer being in
the execution of his office, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be
liable to fine.
Abetment of such
assault, if the
assault is
committed
134. Whoever, abets an assault by an officer, soldier sailor or airman, in the
Army, Navy or Air Force of Bangladesh, on any superior officer being in the
execution of his office, shall, if such assault be committed in consequence of
that abetment be punished with imprisonment of either description for a
term which may extend to seven years, and shall be liable to fine.
Abetment of
desertion of
soldier, sailor or
airman
135. Whoever abets the desertion of any officer, soldier, sailor of airman, in
the Army, Navy or Air Force of Bangladesh, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Harbouring
deserter
136. Whoever, except as hereinafter excepted, knowing or having reason to
believe that an officer, soldier, sailor or airman, in the Army, Navy or Air
Force of Bangladesh, has deserted, harbours such officer, soldier, sailor or
airman, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
Exception.-This provision does not extend to the case in which the harbour
is given by a wife to her husband.
Deserter concealed
on board merchant
vessel through
negligence of
master
137. The master or person in charge of a merchant vessel, on board of
which any deserter from the Army, Navy or Air Force of Bangladesh is
concealed, shall, though ignorant of such concealment, be liable to a
penalty not exceeding five hundred taka if he might have known of such
concealment but for some neglect of his duty as such master or person in
charge, or but for some want of discipline on board of the vessel.
Abetment of act of
insubordination by
soldier, sailor or
airman
138. Whoever abets what he knows to be an act of insubordination by an
officer, soldier, sailor or airman, in the Army, Navy or Air Force of
Bangladesh, shall, if such act of insubordination be committed in
consequence of that abetment, be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or with
both.
59
138A. [Repealed by section 2 and Schedule of the Amending Act, 1934 (Act
No. XXXV of 1934).]
[ Repealed]
Persons subject to
certain acts
139. No person subject to the 60[ * * *] Army Act, 1952, the 61[ Navy
Ordinance, 1961], the 62[ * * *] Air Force Act, 1953, is subject to
punishment under this Code for any of the offences defined in this Chapter.
Wearing garb or
carrying token used
by soldier, sailor or
airman
140. Whoever, not being a soldier, sailor or airman in the Military, Naval or
Air service of Bangladesh, wears any garb or carries any token resembling
any garb or token used by such a soldier, sailor or airman with the intention
that it may be believed that he is such a soldier, sailor or airman, shall be
punished with imprisonment of either description for a term which may
extend to three months, or with fine which may extend to five hundred taka
or with both.
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILITY
Unlawful assembly
141. An assembly of five or more persons is designated an "unlawful
assembly," if the common object of the persons composing that assembly
is
First.-To overawe by criminal force, or show of criminal force, Government
or Legislature, or any public servant in the exercise of the lawful power of
such public servant; or
Second.-To resist the execution of any law, or of any legal process; or
To commit any mischief or criminal trespass, or other offence; orThird.
Fourth.-By means of criminal force, or show of criminal force, to any person
to take or obtain possession of any property, or to deprive any person of
the enjoyment of a right of way, or of the use of water or other incorporeal
right of which he is in possession or enjoyment, or to enforce any right or
supposed right; or
Fifth.-By means of criminal force, or show of criminal force, to compel any
person to do what he is not legally bound to do, or to omit to do what he is
legally entitled to do.
Explanation.-An assembly which was not unlawful when it assembled, may
subsequently become an unlawful assembly.
Being member of
unlawful assembly
142. Whoever, being aware of facts which render any assembly an unlawful
assembly, intentionally joins that assembly, or continues in it, is said to be
a member of an unlawful assembly.
Punishment
143. Whoever is a member of an unlawful assembly, shall be punished with
imprisonment of either description for a term which may extend to six
months, or with fine, or with both.
Joining unlawful
assembly, armed
with deadly
weapon
144. Whoever, being armed with any deadly weapon, or with anything
which, used as a weapon of offence, is likely to cause death, is a member of
an unlawful assembly, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
Joining or
continuing in
unlawful assembly,
knowing it has
been commanding
to disperse
145. Whoever joins or continues in an unlawful assembly, knowing that
such unlawful assembly has been commanded in the manner prescribed by
law to disperse, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
Rioting
146. Whenever force or violence is used by an unlawful assembly, or by any
member thereof, in prosecution of the common object of such assembly,
every member of such assembly is guilty of the offence of rioting.
Punishment for
rioting
147. Whoever is guilty of rioting, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both.
Rioting, armed with
deadly weapon
148. Whoever is guilty of rioting, being armed with a deadly weapon or with
anything which, used as a weapon of offence, is likely to cause death, shall
be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
Every member of
unlawful assembly
149. If an offence is committed by any member of an unlawful assembly in
guilty of offence
committed in
prosecution of
common object
prosecution of the common object of that assembly, or such as the
members of that assembly knew to be likely to be committed in prosecution
of that object, every person who, at the time of the committing of that
offence, is a member of the same assembly, is guilty of that offence.
Hiring, or conniving
at hiring, of
persons to join
unlawful assembly
150. Whoever hires or engages, or employs, or promotes, or connives at
the hiring, engagement or employment of any person to join or become a
member of any unlawful assembly, shall be punishable as a member of such
unlawful assembly, and for any offence which may be committed by any
such person as a member of such unlawful assembly in pursuance of such
hiring, engagement or employment, in the same manner as if he had been
a member of such unlawful assembly, or himself had committed such
offence.
Knowingly joining
or continuing in
assembly of five or
more persons after
it has been
commanded to
disperse
151. Whoever knowingly joins or continues in any assembly of five or more
persons likely to cause a disturbance of the public peace, after such
assembly has been lawfully commanded to disperse, shall be punished with
imprisonment of either description for a term which may extend to six
months, or with fine, or with both.
Explanation.-If the assembly is an unlawful assembly within the meaning
of section 141, the offender will be punishable under section 145.
Assaulting or
obstructing public
servant when
suppressing riot,
etc
152. Whoever assaults or threatens to assault, or obstructs or attempts to
obstruct, any public servant in the discharge of his duty as such public
servant, in endeavouring to disperse an unlawful assembly, or to suppress a
riot or affray, or uses, or threatens, or attempts to use criminal force to
such public servant, shall be punished with imprisonment of either
description for a term which may extend to three years or with fine, or with
both.
Wantonly giving
provocation with
intent to cause riotif rioting be
committed; if not
committed
153. Whoever malignantly, or wantonly, by doing anything which is illegal,
gives provocation to any person intending or knowing it to be likely that
such provocation will cause the offence of rioting to be committed, shall, if
the offence of rioting be committed in consequence of such provocation, be
punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both; and if the offence of rioting
be not committed, with imprisonment of either description for a term which
may extend to six months, or with fine, or with both.
Promoting enmity
between classes
63
[ 153A. Whoever by words, either spoken or written, or by signs, or by
visible representations, or otherwise, promotes or attempts to promote
feelings of enmity or hatred between different classes of the citizens of
Bangladesh, shall be punished with imprisonment which may extend to two
years, or with fine, or with both.]
Explanation.-It does not amount to an offence within the meaning of this
section to point out, without malicious intention and with an honest view to
their removal, matters which are producing or have a tendency to produce,
feelings of enmity or hatred between different classes of the citizens of
Bangladesh.
Inducing students,
etc to take part in
political activity
64
Owner or occupier
of land on which an
unlawful assembly
is held
154. Whenever any unlawful assembly or riot takes place, the owner or
occupier of the land upon which such unlawful assembly is held, or such riot
is committed, and any person having or claiming an interest in such land,
shall be punishable with fine not exceeding one thousand taka, if he or his
agent or manager, knowing that such offence is being or has been
committed, or having reason to believe it is likely to be committed, do not
give the earliest notice thereof in his or their power to the principal officer
at the nearest police-station, and do not, in the case of his or their having
reason to believe that it was about to be committed, use all lawful means in
his or their power to prevent it and, in the event of its taking place, do not
use all lawful means in his or their power to disperse or suppress the riot or
unlawful assembly.
Liability of person
for whose benefit
riot is committed
155. Whenever a riot is committed for the benefit or on behalf of any
person who is the owner or occupier of any land respecting which such riot
takes place or who claims any interest in such land, or in the subject of any
dispute which gave rise to the riot, or who has accepted or derived any
benefit therefrom, such person shall be punishable with fine, if he or his
agent or manager, having reason to believe that such riot was likely to be
committed or that the unlawful assembly by which such riot was committed
was likely to be held, shall not respectively use all lawful means in his or
their power to prevent such assembly or riot from taking place, and for
suppressing and dispersing the same.
[ 153B. Whoever by words, either spoken or written, or by signs, or by
visible representations, or otherwise, induce or attempts to induce any
student, or any class of students, or any institution interested in or
connected with students, to take part in any political activity which disturbs
or undermines, or is likely to disturb or undermine, the public order shall be
punished with imprisonment which may extend to two years or with fine, or
with both.]
Liability of agent of
owner or occupier
for whose benefit
riot is committed
156. Whenever a riot is committed for the benefit or on behalf of any
person who is the owner or occupier of any land respecting which such riot
takes place, or who claims any interest in such land, or in the subject of any
dispute which gave rise to the riot, or who has accepted or derived any
benefit therefrom,
the agent or manager of such person shall be punishable with fine, if such
agent or manager, having reason to believe that such riot was likely to be
committed, or that the unlawful assembly by which such riot was committed
was likely to be held, shall not use all lawful means in his power to prevent
such riot or assembly from taking place and for suppressing and dispersing
the same.
Harbouring persons
hired for an
unlawful assembly
157. Whoever harbours, receives or assembles, in any house or premises in
his occupation or charge, or under his control any persons, knowing that
such persons have been hired, engaged or employed, or are about to be
hired, engaged or employed, to join or become members of an unlawful
assembly, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.
Being hired to take
part in an unlawful
assembly or riot; or
to go armed
158. Whoever is engaged or hired, or offers or attempts to be hired or
engaged, to do or assist in doing any of the acts specified in section 141,
shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine, or with both.
and whoever, being so engaged or hired as aforesaid, goes armed, or
engages or offers to go armed, with any deadly weapon or with anything
which used as a weapon of offence is likely to cause death, shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
Affray
159. When two or more persons, by fighting in a public place, disturb the
public peace, they are said to "commit an affray".
Punishment for
committing affray
160. Whoever commits an affray, shall be punished with imprisonment of
either description for a term which may extend to one month, or with fine
which may extend to one hundred taka, or with both.
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Public servant
taking gratification
other than legal
remuneration in
respect of an
official ac
161. Whoever, being or expecting to be a public servant, accepts or
obtains, or agrees to accept, or attempts to obtain from any person, for
himself or for any other person any gratification whatever, other than legal
remuneration, as a motive or reward for doing or forbearing to do any
official act or for showing or for bearing to show, in the exercise of his
official functions, favour or disfavour to any person, or for rendering or
attempting to render any service or disservice to any person, with the
Government or Legislature, or with any public servant, as such, shall be
punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
Explanations-“Expecting to be a public servant.” If a person not expecting
to be in office obtains a gratification by deceiving others into a belief that he
is about to be in office, and that he will then serve them, he may be guilty
of cheating but he is not guilty of the offence defined in this section.
“Gratification.” The word “gratification” is not restricted to pecuniary
gratifications, or to gratifications estimable in money.
“Legal remuneration.” The words “legal remuneration” are not restricted to
remuneration which a public servant can lawfully demand, but include all
remuneration which is permitted by the authority by which he is employed,
to accept.
“A motive or reward for doing.” A person who receives a gratification as a
motive for doing what he does not intend to do, or as a reward for doing
what he has not done, comes within these words.
Illustrations
(a) A, a munsif, obtains from Z, a banker, a situation in Z's bank for A's
brother, as a reward to A for deciding a cause in favour of Z. A has
committed the offence defined in this section.
(b) A, holding the office of Consul at the Court of a foreign Power, accepts a
lakh of taka from the Minister of that Power. It does not appear that A
accepted this sum as a motive or reward for doing or forbearing to do any
particular official act, or for rendering or attempting to render any particular
service to that Power with the Government of Bangladesh. But it does
appear that A accepted the sum as a motive or reward for generally
showing favour in the exercise of his official functions to that Power. A has
committed the offence defined in this section.
(c) A, a public servant, induces Z erroneously to believe that A's influence
with Government has obtained a title for Z and thus induces Z to give A
money as a reward for this service. A has committed the offence defined in
this section.
Taking
gratification, in
order, by corrupt or
illegal means, to
influence public
162. Whoever accepts or obtains, or agrees to accept, or attempts to
obtain, from any person, for himself or for any other person, any
gratification whatever as a motive or reward for inducing, by corrupt or
illegal means, any public servant to do or to forbear to do any official act, or
in the exercise of the official functions of such public servant to show favour
servant
or disfavour to any person, or to render or attempt to render any service or
disservice to any person with the Government or Legislature, or with any
public servant, as such, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with
both.
Taking
gratification, for
exercise of
personal influence
with public servant
163. Whoever accepts or obtains, or agrees to accept or attempts to obtain,
from any person, for himself or for any other person, any gratification
whatever, as a motive or reward for inducing, by the exercise of personal
influence, any public servant to do or to forbear to do any official act, or in
the exercise of the official functions of such public servant to show favour or
disfavour to any person, or to render or attempt to render any service or
disservice to any person with the Government or Legislature, or with any
public servant, as such, shall be punished with simple imprisonment for a
term which may extend to one year, or with fine, or with both.
Illustration
An advocate who receives a fee for arguing a case before a Judge; a person
who receives pay for arranging and correcting a memorial addressed to
Government, setting forth the services and claims of the memorialist; a
paid agent for a condemned criminal, who lays before the Government
statements tending to show that the condemnation was unjust, - are not
within this section, inasmuch as they do not exercise or profess to exercise
personal influence.
Punishment for
abetment by public
servant of offences
defined in section
162 or 163
164. Whoever, being a public servant, in respect of whom either of the
offences defined in the last two preceding sections is committed, abets the
offence, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
Illustration
A is a public servant. B, A's wife, receives a present as a motive for
soliciting A to give an office to a particular person. A abets her doing so. B
is punishable with imprisonment for a term not exceeding one year, or with
fine, or with both. A is punishable with imprisonment for a term which may
extend to three years, or with fine, or with both.
Public servant
obtaining valuable
thing, without
consideration, from
person concerned
in proceeding or
business
transacted by such
public servant
165. Whoever, being a public servant, accepts or obtains, or agrees to
accept or attempts to obtain, for himself, or for any other person, any
valuable thing without consideration, or for a consideration which he knows
to be inadequate,
from any person whom he knows to have been, or to be, or to be likely to
be concerned in any proceeding or business transacted or about to be
transacted by such public servant, or having any connection with the official
functions of himself or of any public servant to whom he is subordinate,
or from any person whom he knows to be interested in or related to the
person so concerned,
shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
Illustrations
(a) A, a Collector, hires a house of Z, who has a settlement case pending
before him. It is agreed that A shall pay fifty taka a month, the house being
such that, if the bargain were made in good faith, A would be required to
pay two hundred taka a month. A has obtained a valuable thing from Z
without adequate consideration.
(b) A, a Judge, buys of Z, who has a case pending in A's Court, Government
promissory notes at a discount, when they are selling in the market at a
premium. A has obtained a valuable thing from Z without adequate
consideration.
(c) Z's brother is apprehended and taken before A, a Magistrate, on a
charge of perjury. A sells to Z shares in a bank at a premium, when they
are selling in the market at a discount. Z pays A for the shares accordingly.
The money so obtained by A is a valuable thing obtained by him without
adequate consideration.
Punishment for
abetment of
offences defined in
sections 161 and
165
65
Certain abettors
excepted
66
Public servant
disobeying law,
with intent to cause
injury to any
person
166. Whoever, being a public servant, knowingly disobeys any direction of
the law as to the way in which he is to conduct himself as such public
servant, intending to cause, or knowing it to be likely that he will, by such
disobedience, cause injury to any person, shall be punished with simple
imprisonment for a term which may extend to one year, or with fine, or
with both.
[ 165A. Whoever abets any offence punishable under section 161 or
section 165 shall, whether the offence abetted is or is not committed in
consequence of the abetment, be punished with the punishment provided
for the offence.]
[ 165B. A person shall be deemed not to abet an offence punishable under
section 161 or section 165 if he is induced, compelled, coerced, or
intimidated to offer or give any such gratification as is referred to in section
161 for any of the purposes mentioned therein, or any valuable thing
without consideration, or for an inadequate consideration, to any such
public servant as is referred to in section 165.]
Illustration
A, being an officer directed by law to take property in execution, in order to
satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly
disobeys that direction of law, with the knowledge that he is likely thereby
to cause injury to Z. A has committed the offence defined in this section.
Public servant
framing an
incorrect document
with intent to cause
injury
167. Whoever, being a public servant, and being, as such public servant,
charged with the preparation or translation of any document, frames or
translates that document in a manner which he knows or believes to be
incorrect, intending thereby to cause or knowing it to be likely that he may
thereby cause injury to any person, shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine,
or with both.
Public servant
unlawfully
engaging in trade
168. Whoever, being a public servant, and being legally bound as such
public servant not to engage in trade, engages in trade, shall be punished
with simple imprisonment for a term which may extend to one year, or with
fine, or with both.
Public servant
unlawfully buying
or bidding for
property
169. Whoever, being a public servant, and being legally bound as such
public servant, not to purchase or bid for certain property, purchases or
bids for that property, either in his own name or in the name of another, or
jointly, or in shares with others, shall be punished with simple
imprisonment for a term which may extend to two years, or with fine, or
with both; and the property, if purchased, shall be confiscated.
Personating a
public servant
170. Whoever pretends to hold any particular office as a public servant,
knowing that he does not hold such office or falsely personates any other
person holding such office, and in such assumed character does or attempts
to do any act under colour of such office, shall be punished with
imprisonment of either description, for a term which may extend to two
years, or with fine, or with both.
Wearing garb or
carrying token used
by public servant
with fraudulent
intent
171. Whoever, not belonging to a certain class of public servants, wears
any garb or carries any token resembling any garb or token used by that
class of public servants, with the intention that it may be believed, or with
the knowledge that it is likely to be believed, that he belongs to that class
of public servants, shall be punished with imprisonment of either
description, for a term which may extend to three months, or with fine
which may extend to two hundred taka, or with both.
67
CHAPTER IXA
OF OFFENCES RELATING TO ELECTIONS
“Candidate”,
“Electoral right”
defined
171A. For the purposes of this Chapter (a) "candidate" means a person who has been nominated as a candidate at
any election and includes a person who, when an election is in
contemplation, holds himself out as a prospective candidate thereat;
provided that he is subsequently nominated as a candidate at such election;
(b) "electoral right" means the right of a person to stand, or not to stand
as, or to withdraw from being, a candidate or to vote or refrain from voting
at an election.
Bribery
171B. (1) Whoever(i) gives a gratification to any person with the object of inducing him or any
other person to exercise any electoral right or of rewarding any person for
having exercised any such right; or
(ii) accepts either for himself or for any other person any gratification as a
reward for exercising any such right or for inducing or attempting to induce
any other person to exercise any such right,
commits the offence of bribery:
Provided that a declaration of public policy or a promise of public action
shall not be an offence under this section.
(2) A person who offers, or agrees to give, or offers or attempts to procure,
a gratification shall be deemed to give a gratification.
(3) A person who obtains or agrees to accept or attempts to obtain a
gratification shall be deemed to accept a gratification, and a person who
accepts a gratification as a motive for doing what he does not intend to do,
or as a reward for doing what he has not done, shall be deemed to have
accepted the gratification as a reward.
Undue influence at
elections
171C.(1) Whoever voluntarily interferes or attempts to interfere with the
free exercise of any electoral right commits the offence of undue influence
at an election.
(2) Without prejudice to the generality of the provisions of sub-section (1),
whoever
(a) threatens any candidate or voter, or any person in whom a candidate or
voter is interested, with injury of any kind, or
(b) induces or attempts to induce a candidate or voter to believe that he or
any person in whom he is interested will become or will be rendered an
object of Divine displeasure or of spiritual censure,
shall be deemed to interfere with the free exercise of the electoral right of
such candidate or voter, within the meaning of sub-section (1).
(3) A declaration of public policy or a promise of public action, or the mere
exercise of a legal right without intent to interfere with an electoral right,
shall not be deemed to be interference within the meaning of this section.
Personation at
elections
171D. Whoever at an election applies for a voting paper or votes in the
name of any other person, whether living or dead, or in a fictitious name, or
who having voted once at such election applies at the same election for a
voting paper in his own name, and whoever abets, procures or attempts to
procure the voting by any person in any such way, commits the offence of
personation at an election.
Punishment of
bribery
171E. Whoever commits the offence of bribery shall be punished with
imprisonment of either description for a term which may extend to one
year, or with fine, or with both:
Provided that bribery by treating shall be punished with fine only.
Explanation.-Treating means that form of bribery where the gratification
consists in food, drink, entertainment, or provision.
Punishment for
undue influence or
personation at an
election
171F. Whoever commits the offence of undue influence of personation at an
election shall be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.
False statement in
connection with an
election
171G. Whoever with intent to affect the result of an election makes or
publishes any statement purporting to be a statement of fact which is false
and which he either knows or believes to be or does not believe to be true,
in relation to the personal character or conduct of any candidate shall be
punished with fine.
Illegal payments in
connection with an
171H. Whoever without the general or special authority in writing of a
candidate incurs or authorises expenses on account of the holding of any
election
public meeting, or upon any advertisement, circular or publication, or in any
other way whatsoever for the purpose of promoting or procuring the
election of such candidate, shall be punished with fine which may extend to
five hundred taka:
Provided that if any person having incurred any such expenses not
exceeding the amount of ten taka without authority obtains within ten days
from the date on which such expenses were incurred the approval in writing
of the candidate, he shall be deemed to have incurred such expenses with
the authority of the candidate.
Failure to keep
election accounts
171-I. Whoever being required by any law for the time being in force on
any rule having the force of law to keep accounts of expenses incurred at or
in connection with an election fails to keep such accounts shall be punished
with fine which may extend to five hundred taka.]
CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC
SERVANTS
Absconding to
avoid service of
summons or other
proceeding
172. Whoever absconds in order to avoid being served with a summons,
notice or order proceeding from any public servant legally competent, as
such public servant, to issue such summons, notice or order, shall be
punished with simple imprisonment for a term which may extend to one
month, or with fine which may extend to five hundred taka, or with both;
or, if the summons or notice or order is to attend in person or by agent, or
to produce a document in a Court of Justice, with simple imprisonment for a
term which may extend to six month, or with fine which may extend to one
thousand taka, or with both.
Preventing service
of summons or
other proceeding or
preventing
publication thereof
173. Whoever in any manner intentionally prevents the serving on himself,
or on any other person, of any summons, notice or order proceeding from
any public servant legally competent, as such public servant, to issue such
summons, notice or order,
or intentionally prevents the lawful affixing to any place of any such
summons, notice or order,
or intentionally removes any such summons, notice or order, from any
place to which it is lawfully affixed,
or intentionally prevents the lawful making of any proclamation, under the
authority of any public servant legally competent, as such public servant, to
direct such proclamation to be made,
shall be punished with simple imprisonment for a term which may extend to
one month, or with fine which may extend to five hundred taka, or with
both;
or, if the summons, notice, order or proclamation is to attend in person or
by agent, or to produce a document in a Court of Justice, with simple
imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand taka, or with both.
Non-attendance in
obedience to an
order from public
servant
174. Whoever, being legally bound to attend in person or by an agent at a
certain place and time in obedience to a summons, notice, order or
proclamation proceeding from any public servant legally competent, as such
public servant, to issue the same,
intentionally omits to attend at that place or time, or departs from the place
where he is bound to attend before the time at which it is lawful for him to
depart,
shall be punished with simple imprisonment for a term which may extend to
one month, or with fine which may extend to five hundred taka or with
both;
or, if the summons, notice, order or proclamation is to attend in person or
by agent in a Court of Justice, with simple imprisonment for a term which
may extend to six months, or with fine which may extend to one thousand
taka, or with both.
Illustrations
(a) A, being legally bound to appear before the 68[ Supreme Court of
Bangladesh] in obedience to a subpoena issuing from that Court,
intentionally omits to appear. A has committed the offence defined in this
section.
(b) A, being legally bound to appear before a Zila Judge, as a witness, in
obedience to a summons issued by that Zila Judge, intentionally omits to
appear. A has committed the offence defined in this section.
Omission to
produce document
to public servant by
person legally
bound to produce it
175. Whoever, being legally bound to produce or deliver up any document
to any public servant, as such, intentionally omits so to produce or deliver
up the same, shall be punished with simple imprisonment for a term which
may extend to one month, or with fine which may extend to five hundred
taka, or with both;
or, if the document is to be produced or delivered up to a Court of Justice,
with simple imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand taka, or with both.
Illustration
A, being legally bound to produce a document before a Zila Court,
intentionally omits to produce the same. A has committed the offence
defined in this section.
Omission to give
notice or
information to
public servant by
person legally
bound to give it
176. Whoever, being legally bound to give any notice or to furnish
information on any subject to any public servant, as such, intentionally
omits to give such notice or to furnish such information in the manner and
at the time required by law, shall be punished with simple imprisonment for
a term which may extend to one month, or with fine which may extend to
five hundred taka, or with both;
or, if the notice or information required to be given respects the commission
of an offence, or is required for the purpose of preventing the commission
of an offence, or in order to the apprehension of an offender, with simple
imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand taka, or with both;
or, if the notice or information required to be given is required by an order
passed under sub-section (1) of section 565 of the Code of Criminal
Procedure, 1898, with imprisonment of either description for a term which
may extend to six months, or with fine which may extend to one thousand
taka, or with both.
Furnishing false
information
177. Whoever, being legally bound to furnish information on any subject to
any public servant, as such, furnishes, as true, information on the subject
which he knows or has reason to believe to be false, shall be punished with
simple imprisonment for a term which may extend to six months, or with
fine which may extend to one thousand taka, or with both;
or, if the information which he is legally bound to give respects the
commission of an offence, or is required for the purpose of preventing the
commission of an offence, or in order to the apprehension of an offender,
with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Illustrations
(b) A, a landholder, knowing of the commission of a murder within the
limits of his estate, wilfully misinforms the Magistrate of the district that the
death has occurred by accident in consequence of the bite of a snake. A is
guilty of the offence defined in this section.
(b) A, a village watchman, knowing that a considerable body of strangers
has passed through his village in order to commit a dacoity in the house of
Z, a wealthy merchant residing in a neighbouring place, and being bound,
under 69[ any law for the time being in force], to give early and punctual
information of the above fact to the officer of the nearest police station,
wilfully misinforms the police-officer that a body of suspicious characters
passed through the village with a view to commit dacoity in a certain
distant place in different direction. Here A is guilty of the offence defined in
the latter part of this section.
Explanation.-In section 176 and in this section the word "offence" includes
any act committed at any place out of Bangladesh, which, if committed in
Bangladesh, would be punishable under any of the following sections,
namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435,
436, 449, 450, 457, 458, 459 and 460; and the word "offender' includes
any person who is alleged to have been guilty of any such act.
Refusing oath or
affirmation when
duly required by
public servant to
make it
178. Whoever refuses to bind himself by an oath or affirmation to state the
truth, when required so to bind himself by a public servant legally
competent to require that he shall so bind himself, shall be punished with
simple imprisonment for a term which may extend to six months, or with
fine which may extend to one thousand taka, or with both.
Refusing to answer
public servant
authorized to
question
179. Whoever, being legally bound to state the truth on any subject to any
public servant, refuses to answer any question demanded of him touching
that subject by such public servant in the exercise of the legal powers of
such public servant, shall be punished with simple imprisonment for a term
which may extend to six months, or with fine which may extend to one
thousand taka, or with both.
Refusing to sign
statement
180. Whoever refuses to sign any statement made by him, when required
to sign that statement by a public servant legally competent to require that
he shall sign that statement, shall be punished with simple imprisonment
for a term which may extend to three months, or with fine which may
extend to five hundred taka, or with both.
False statement on
oath or affirmation
to public servant or
person authorized
to administer an
oath or affirmation
181. Whoever, being legally bound by an oath or affirmation to state the
truth on any subject to any public servant or other person authorized by law
to administer such oath or affirmation, makes, to such public servant or
other person or as aforesaid, touching that subject, any statement which is
false, and which he either knows or believes to be false or does not believe
to be true, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine.
False information
with intent to cause
public servant to
use his lawful
power to the injury
of another person
182. Whoever gives to any public servant any information which he knows
or believes to be false, intending thereby to cause, or knowing it to be
likely that he will thereby cause, such public servant
(a) to do or omit anything which such public servant ought not to do or
omit if the true state of facts respecting which such information is given
were known by him, or
(b) to use the lawful power of such public servant to the injury or
annoyance of any person,
shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine may extend to one thousand taka,
or with both.
Illustrations
(a) A informs a Magistrate that Z, a police officer, subordinate to such
Magistrate, has been guilty of neglect of duty or misconduct knowing such
information to be false, and knowing it to be likely that the information will
cause the Magistrate to dismiss Z. A has committed the offence defined in
this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret
place, knowing such information to be false, and knowing that it is likely
that the consequence of the information will be a search of Z's premises,
attended with annoyance to Z. A has committed the offence defined in this
section.
(c) A falsely informs a policeman that he has been assaulted and robbed in
the neighborhood of a particular village. He does not mention the name of
any person as one of his assailants, but knows it to be likely that in
consequence of this information the police will make enquiries and institute
searches in the village to the annoyance of the villagers or some of them. A
has committed an offence under this section.
Resistance to the
taking of property
by the lawful
authority of a
public servant
183. Whoever offers any resistance to the taking of any property by the
lawful authority of any public servant, knowing or having reason to believe
that he is such public servant, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine
which may extend to one thousand taka, or with both.
Obstructing sale of
property offered for
sale by authority of
public servant
184. Whoever intentionally obstructs any sale of property offered for sale by
the lawful authority of any public servant, as such, shall be punished with
imprisonment of either description for a term which may extend to one
month, or with fine which may extend to five hundred taka, or with both.
Illegal purchase or
bid for property
offered for sale by
authority of public
servant
185. Whoever, at any sale of property held by the lawful authority of a
public servant, as such, purchases or bids for any property on account of
any person, whether himself or any other, whom he knows to be under a
legal incapacity to purchase that property at that sale, or bids for such
property not intending to perform the obligations under which he lays
himself by such bidding, shall be punished with imprisonment of either
description for a term which may extend to one month, or with fine which
may extend to two hundred taka, or with both.
Obstructing public
servant in
discharge of public
functions
186. Whoever voluntarily obstructs any public servant in the discharge of
his public functions, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which
may extend to five hundred taka, or with both.
Omission to assist
public servant
when bound by law
to give assistance
187. Whoever, being bound by law to render or furnish assistance to any
public servant in the execution of his public duty, intentionally omits to give
such assistance, shall be punished with simple imprisonment for a term
which may extend to one month, or with fine which may extend to two
hundred taka, or with both;
and if such assistance be demanded of him by a public servant legally
competent to make such demand for the purposes of executing any process
lawfully issued by a Court of Justice, or of preventing the commission of an
offence, or of suppressing a riot, or affray, or of apprehending a person
charged with or guilty of an offence, or of having escaped from lawful
custody, shall be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to five hundred taka,
or with both.
Disobedience to
order duly
promulgated by
public servant
188. Whoever, knowing that, by an order promulgated by a public servant
lawfully empowered to promulgate such order, he is directed to abstain
from a certain act, or to take certain order with certain property in his
possession or under his management, disobeys such direction,
shall, if such disobedience causes or tends to cause obstruction, annoyance
or injury, or risk of obstruction, annoyance or injury, to any persons
lawfully employed, be punished with simple imprisonment for a term which
may extend to one month or with fine which may extend to two hundred
taka, or with both;
and if such disobedience causes or tends to cause danger to human life,
health or safety, or causes or tends to cause a riot or affray, shall be
punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand taka,
or with both.
Explanation.-It is not necessary that the offender should intend to produce
harm, or contemplate his disobedience as likely to produce harm. It is
sufficient that he knows of the order which he disobeys, and that his
disobedience produces, or is likely to produce, harm.
Illustration
An order is promulgated by a public servant lawfully empowered to
promulgate such order, directing that a religious procession shall not pass
down a certain street. A knowingly disobeys the order, and thereby causes
danger of riot. A has committed the offence defined in this section.
Threat of injury to
public servant
189. Whoever holds out any threat of injury to any public servant, or to any
person in whom he believes that public servant to be interested, for the
purpose of inducing that public servant to do any act, or to forbear or delay
to do any act, connected with the exercise of the public functions of such
public servant, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.
Threat of injury to
induce person to
refrain from
applying for
protection to public
servant
190. Whoever holds out any threat of injury to any person for the purpose
of inducing that person to refrain or desist from making a legal application
for protection against any injury to any public servant legally empowered as
such to give such protection, or to cause such protection to be given, shall
be punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.
CHAPTER XI
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC
JUSTICE
Giving false
evidence
191. Whoever being legally bound by an oath or by an express provision of
law to state the truth, or being bound by law to make a declaration upon
any subject, makes any statement which is false, and which he either
knows or believes to be false or does not believe to be true, is said to give
false evidence.Explanation 1.-A statement is within the meaning of this
section, whether it is made verbally or otherwise.
Explanation 2.-A false statement as to the belief of the person attesting is
within the meaning of this section, and a person may be guilty of giving
false evidence by stating that he believes a thing which he does not believe,
as well as by stating that he knows a thing which he does not know.
Illustrations
(a) A, in support of a just claim which B has against Z for one thousand
taka falsely swears on a trial that he heard Z admit the justice of B's claim,
A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a
certain signature to be the handwriting of Z, when he does not believe it to
be the handwriting of Z. Here A states that which he knows to be false, and
therefore gives false evidence.
(c) A, Knowing the general character of Z's handwriting, states that he
believes a certain signature to be the handwriting of Z; A in good faith
believing it to be so. Here A's statement is merely as to his belief, and is
true as to his belief, and therefore, although the signature may not be the
handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that
Z was at a particular place on a particular day, not knowing anything upon
the subject. A gives false evidence whether Z was at that place on the day
named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation
or translation of a statement of document, which he is bound by oath to
interpret or translate truly, that which is not and which he does not believe
to be a true interpretation or translation. A has given false evidence.
Fabricating false
evidence
192. Whoever causes any circumstance to exist or makes any false entry in
any book or record, or makes any document containing a false statement,
intending that such circumstance, false entry or false statement may appear
in evidence in a judicial proceeding, or in a proceeding taken by law before
a public servant as such, or before an arbitrator, and that such
circumstance, false entry or false statement, so appearing in evidence, may
cause any person who in such proceeding is to form an opinion upon the
evidence, to entertain an erroneous opinion touching any point material to
the result of such proceeding, is said "to fabricate the evidence.”
Illustrations
(a) A puts jewels into a box belonging to Z, with the intention that they
may be found in that box, and that this circumstance may cause Z to be
convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his Shop-book for the purpose of using it as
corroborative evidence in a Court of Justice. A has fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal
conspiracy, writes a letter in imitation of Z's handwriting purporting to be
addressed to an accomplice in such criminal conspiracy, and puts the letter
in a place which he knows that the officers of the Police are likely to search.
A has fabricated false evidence.
Punishment for
false evidence
193. Whoever intentionally gives false evidence in any stage of judicial
proceeding, or fabricates false evidence for the purpose of being used in
any stage of a judicial proceeding, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall
also be liable to fine;
and whoever intentionally gives or fabricates false evidence in any other
case, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.
Explanation 1.-A trial before a Court-martial is a judicial proceeding.
Explanation 2.-An investigation directed by law preliminary to a
proceeding before a Court of Justice, is a stage of a judicial proceeding,
though that investigation may not take place before a Court of Justice.
Illustration
A, in an enquiry before a Magistrate for the purpose of ascertaining whether
Z ought to be committed for trial, makes on oath a statement which he
knows to be false. As this enquiry is a stage of a judicial proceeding. A has
given false evidence.
Explanation 3.-An investigation directed by a Court of Justice according to
law, and conducted under the authority of a Court of Justice, is a stage of a
judicial proceeding, though that investigation may not take place before a
Court of Justice.
Illustration
A, in an enquiry before an officer deputed by a Court of Justice to ascertain
on the spot the boundaries of land, makes on oath a statement which he
knows to be false. As this enquiry is a stage of a judicial proceeding, A has
given false evidence.
Giving or
fabricating false
evidence with
intent to procure
conviction of
capital offence; if
innocent person be
thereby convicted
and executed
194. Whoever gives or fabricates false evidence, intending thereby to
cause, or knowing it to be likely that he will thereby cause, any person to
be convicted of an offence which is capital by any law for the time being in
force, shall be punished with 70[ imprisonment] for life, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be
liable to fine;
Giving or
fabricating false
evidence with
intent to procure
conviction of
offence punishable
with imprisonment
for life or
imprisonment
195. Whoever gives or fabricates false evidence intending thereby to cause,
or knowing it to be likely that he will thereby cause, any person to be
convicted of an offence which by any law for the time being in force is not
capital, but punishable with 71[ imprisonment for life], or imprisonment for a
term of seven
and if an innocent person be convicted and executed in consequence of
such false evidence, the person who gives such false evidence shall be
punished either with death or the punishment herein before described.
years or upwards, shall be punished as a person convicted of that offence
would be liable to be punished.
Illustration
A gives false evidence before a Court of Justice, intending thereby to cause
Z to be convicted of a dacoity. The punishment of dacoity is 72[
imprisonment for life], or rigorous imprisonment for a term which may
extend to ten years, with or without fine. A, therefore, is liable to 73[ such
imprisonment for life] or imprisonment, with or without fine.
Using evidence
known to be false
196. Whoever corruptly uses or attempts to use as true or genuine evidence
any evidence which he knows to be false or fabricated, shall be punished in
the same manner as if he gave or fabricated false evidence.
Issuing or signing
false certificate
197. Whoever issues or signs any certificate required by law to be given or
signed, or relating to any fact of which such certificate is by law admissible
in evidence, knowing or believing that such certificate is false in any
material point, shall be punished in the same manner as if he gave false
evidence.
Using as true a
certificate known
to be false
198. Whoever corruptly uses or attempts to use any such certificate as a
true certificate, knowing the same to be false in any material point, shall be
punished in the same manner as if he gave false evidence.
False statement
made in declaration
which is by law
receivable as
evidence
199. Whoever, in any declaration made or subscribed by him, which
declaration any Court of Justice, or any public servant or other persons, is
bound or authorized by law to receive as evidence of any fact, makes any
statement which is false, and which he either knows or believes to be false
or does not believe to be true, touching any point material to the object for
which the declaration is made or used, shall be punished in the same
manner as if he gave false evidence.
Using as true such
declaration
knowing it to be
false
200. Whoever corruptly uses or attempts to use as true any such
declaration, knowing the same to be false in any material point, shall be
punished in the same manner as if he gave false evidence.
Explanation.-A declaration which is inadmissible merely upon the ground
of some informality, is a declaration within the meaning of sections 199 and
200.
Causing
disappearance of
evidence of
offence, or giving
false information to
screen offender- if
a capital offence; if
punishable with
imprisonment for
201. Whoever, knowing or having reason to believe that an offence has
been committed, causes any evidence of the commission of that offence to
disappear, with the intention of screening the offender from legal
punishment, or with that intention gives any information respecting the
offence which he knows or believes to be false,
shall, if the offence which he knows or believes to have been committed is
life; if punishable
with less than ten
years’
imprisonment
punishable with death, be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine;
and if the offence is punishable with 74[ imprisonment for life], or with
imprisonment which may extend to ten years, shall be punished with
imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine;
and if the offence is punishable with imprisonment for any term not
extending to ten years, shall be punished with imprisonment of the
description provided for the offence, for a term which may extend to onefourth part of the longest term of the imprisonment provided for the
offence, or with fine, or with both.
Illustration
A, knowing that B has murdered Z, assists B to hide the body with the
intention of screening B from punishment. A is liable to imprisonment of
either description for seven years, and also to fine.
Intentional
omission to give
information of
offence by person
bound to inform
202. Whoever, knowing or having reason to believe that an offence has
been committed, intentionally omits to give any information respecting that
offence which he is legally bound to give, shall be punished with
imprisonment of either description for a term which may extend to six
months, or with fine, or with both.
Giving false
information
respecting an
offence committed
203. Whoever, knowing or having reason to believe that an offence has
been committed, gives any information respecting that offence which he
knows or believes to be false, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
Explanation.-In sections 201 and 202 and in this section the word
"offence" includes any act committed at any place out of Bangladesh,
which, if committed in Bangladesh, would be punishable under any of the
following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397,
398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.
Destruction of
document to
prevent its
production as
evidence
204. Whoever secrets or destroys any document which he may be lawfully
compelled to produce as evidence in a Court of Justice, or in any proceeding
lawfully held before a public servant, as such, or obliterates or renders
illegible the whole or any part of such document with the intention of
preventing the same from being produced or used as evidence before such
Court or public servant as aforesaid, or after he shall have been lawfully
summoned or required to produce the same for that purpose, shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
False personation
for purpose of act
or proceeding in
suit or prosecution
205. Whoever falsely personates another, and in such assumed character
makes any admission or statement, or confesses judgment, or causes any
process to be issued or becomes bail or security, or does any other act in
any suit or criminal prosecution, shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine,
or with both.
Fraudulent removal
or concealment of
property to prevent
its seizure as
forfeited or in
execution
206. Whoever fraudulently removes, conceals, transfers or delivers to any
person any property or any interest therein, intending thereby to prevent
that property or interest therein from being taken as a forfeiture or in
satisfaction of a fine, under a sentence which has been pronounced, or
which he knows to be likely to be pronounced, by a Court of Justice or other
competent authority, or from being taken in execution of a decree or order
which has been made, or which he knows to be likely to be made by a Court
of Justice in a civil suit, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
Fraudulent claim to
property to prevent
its seizure as
forfeited or in
execution
207. Whoever fraudulently accepts, receives or claims any property or any
interest therein, knowing that he has no right or rightful claim to such
property or interest, or practices any deception touching any right to any
property or any interest therein, intending thereby to prevent that property
or interest therein from being taken as a forfeiture or in satisfaction of a
fine, under a sentence which has been pronounced, or which he knows to
be likely to be pronounced by a Court of Justice or other competent
authority, or from being taken in execution of a decree or order which has
been made, or which he knows to be likely to be made by a Court of Justice
in a civil suit, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.
Fraudulently
suffering decree for
sum not due
208. Whoever fraudulently causes or suffers a decree or order to be passed
against him at the suit of any person for a sum not due, or for a larger sum
than is due to such person or for any property or interest in property to
which such person is not entitled, or fraudulently causes or suffers a decree
or order to be executed against him after it has been satisfied, or for
anything in respect of which it has been satisfied, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Illustration
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree
against him fraudulently suffers a judgment to pass against him for a larger
amount at the suit of B, who has no just claim against him, in order that B,
either on his own account or for the benefit of Z, may share in the proceeds
of any sale of Z's property which may be made under A's decree. Z's has
committed an offence under this section.
Dishonestly making
false claim in Court
209. Whoever fraudulently or dishonestly, or with intent to injure or annoy
any person, makes in a Court of Justice any claim which he knows to be
false, shall be punished with imprisonment of either description for a term
which may extend to two years, and shall also be liable to fine.
Fraudulently
obtaining decree
for sum not due
210. Whoever fraudulently obtains a decree or order against any person for
a sum not due, or for a larger sum than is due, or for any property or
interest in property to which he is not entitled, or fraudulently causes a
decree or order to be executed against any person after it has been
satisfied or for anything in respect of which it has been satisfied, or
fraudulently suffers or permits any such act to be done in his name, shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
False charge of
offence made with
intent to injure
211. Whoever, with intent to cause injury to any person, institutes or
causes to be instituted any criminal proceeding against that person, or
falsely charges any person with having committed an offence, knowing that
there is no just or lawful ground for such proceeding or charge against that
person, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both;
and if such criminal proceeding be instituted on a false charge of an offence
punishable with death, 75[ imprisonment] for life, or imprisonment for seven
years or upwards, shall be punishable with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
Harbouring
offender if a capital
offence; if
punishable with
imprisonment for
life, or with
imprisonment
212. Whenever an offence has been committed, whoever harbours or
conceals a person whom he knows or has reason to believe to be the
offender, with the intention of screening him from legal punishment,
shall, if the offence is punishable with death, be punished with
imprisonment of either description for a term which may extend to five
years, and shall also be liable to fine;
and if the offence is punishable with 76[ imprisonment] for life or with
imprisonment which may extend to ten years, shall be, punished with
imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine;
and if the offence is punishable with imprisonment which may extend to one
year, and not to ten years, shall be punished with imprisonment of the
description provided for the offence for a term which may extend to onefourth part of the longest term of imprisonment provided for the offence, or
with fine, or with both.
"Offence" in this section includes any act committed at any place out of
Bangladesh, which, if committed in Bangladesh, would be punishable under
any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395
396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and
every such act shall, for the purposes of this section, be deemed to be
punishable as if the accused person had been guilty of it in Bangladesh.
This provision shall not extend to any case in which theException. harbour
or concealment is by the husband or wife of the offender.
Illustration
A, knowing that B has committed dacoity, knowingly conceals B in order to
screen him from legal punishment. Here, as B is liable to 77[ imprisonment]
for life, A is liable to imprisonment of either description for a term not
exceeding three years, and is also liable to fine.
Taking gift, etc, to
screen an offender
from punishmentif a capital offence;
if punishable with
imprisonment for
life, or with
imprisonment
213. Whoever accepts or attempts to obtain, or agrees to accept, any
gratification for himself or any other person, or any restitution of property
to himself or any other person, in consideration of his concealing an offence
or of his screening any person from legal punishment for any offence, or of
his not proceeding against any person for the purpose of bringing him to
legal punishment,
shall, if the offence is punishable with death, be punished with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine;
and if the offence is punishable with 78[ imprisonment] for life, or with
imprisonment which may extend to ten yeas, shall be punished with
imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to ten
years, shall be punished with imprisonment of the description provided for
the offence for a term which may extend to one-fourth part of the longest
term of imprisonment provided for the offence, or with fine, or with both.
Offering gift or
restoration of
property in
consideration of
screening offenderif a capital offence;
if punishable with
imprisonment for
life, or with
imprisonment
214. Whoever gives or causes, or offers or agrees to give or cause, any
gratification to any person, or to restore or cause the restoration of any
property to any person, in consideration of that person's concealing an
offence, or of his screening any person from legal punishment for any
offence, or of his not proceeding against any person for the purpose of
bringing him to legal punishment,
shall, if the offence is punishable with death, be punished with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine;
and if the offence is punishable with 79[ imprisonment] for life, or with
imprisonment which may extend to ten years, shall be punished with
imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to ten
years, shall be punished with imprisonment of the description provided for
the offence for a term which may extent to one-fourth part of the longest
term of imprisonment provided for the offence, or with fine, or with both.
Exception.-The provisions of sections 213 and 214 do not extend to any
case in which the offence may lawfully be compounded.
Taking gift to help
to recover stolen
property, etc
215. Whoever takes or agrees or consents to take any gratification under
pretence or on account of helping any person to recover any moveable
property of which he shall have been deprived by any offence punishable
under this Code, shall, unless he uses all means in his power to cause the
offender to be apprehended and convicted of the offence, be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Harbouring
offender who has
escaped from
custody or whose
apprehension has
been ordered- if a
capital offence; if
punishable with
imprisonment for
life, or with
imprisonment
Taking gift to help to recover stolen property, etc.
216. Whenever any person convicted of or charged with an offence, being in
lawful custody for that offence, escapes from such custody, Harbouring
offender who has escaped from custody or whose apprehension has been
ordered
or whenever a public servant, in the exercise of the lawful power of such
public servant, orders a certain person to be apprehended for an offence,
whoever, knowing of such escape or order for apprehension, harbours or
conceals that person with the intention of preventing him from being
apprehended, shall be punished in the manner following, that is to say,
if the offence for which the person was in custody or is ordered to be
apprehended is punishable with death, he shall be punished with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine; if a capital offence;
if the offence is punishable with 80[ imprisonment] for life, or imprisonment
for ten years, he shall be punished with imprisonment of either description
for a term which may extend to three years, with or without fine; if
punishable with imprisonment for life, or with imprisonment
and if the offence is punishable with imprisonment which may extend to one
year and not to ten years, he shall be punished with imprisonment of the
description provided for the offence for a term which may extend to onefourth part of the longest term of the imprisonment provided for such
offence or with fine, or with both.
“Offence” in this section includes also any act or omission of which a person
is alleged to have been guilty out of Bangladesh which, if he had been guilty
of it in Bangladesh, would have been punishable as an offence, and for
which he is, under any law relating to extradition, or under the Fugitive
Offenders Act, 1881, or otherwise, liable to be apprehended or detained in
custody in Bangladesh, and every such act or omission shall, for the
purpose of this section, be deemed to be punishable as if the accused
person had been guilty of it in Bangladesh.
Exception.–This provision does not extend to the case in which the harbour
or concealment is by the husband or wife of the person to be apprehended.
Penalty for
harbouring robbers
or dacoits
216A. Whoever, knowing or having reason to believe that any persons are
about to commit or have recently committed robbery or dacoity, harbours
them or any of them, with the intention of facilitating the commission of
such robbery or dacoity, or of screening them or any of them from
punishment, shall be punished with rigorous imprisonment for a term which
may extend to seven years, and shall also be liable to fine.
Explanation.-For the purposes of this section it is immaterial whether the
robbery or dacoity is intended to be committed, or has been committed,
within or without Bangladesh.
Exception.–This provision does not extend to the case in which the harbour
is by the husband or wife of the offender.
81
[ Omitted]
Public servant
disobeying
direction of law
with intent to save
person from
punishment or
property from
forfeiture
216B. [Omitted by section 3 of the Penal Code (Amendment) Act, 1942 (Act
No. VIII of 1942).]
217. Whoever, being a public servant, knowingly disobeys any direction of
the law as to the way in which he is to conduct himself as such public
servant, intending thereby to save, or knowing it to be likely that he will
thereby save, any person from legal punishment, or subject him to a less
punishment than that to which he is liable or with intent to save, or
knowing that he is likely thereby to save, any property from forfeiture or
any charge to which it is liable by law, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine,
or with both.
Public servant
framing incorrect
record or writing
with intent to save
person from
punishment or
property from
forfeiture
218. Whoever, being a public servant, and being as such public servant,
charged with the preparation of any record or other writing, frames that
record or writing in a manner which he knows to be incorrect, with intent to
cause, or knowing it to be likely that he will thereby cause, loss or injury to
the public or to any person, or with intent thereby to save, or knowing it to
be likely that he will thereby save, any person from legal punishment, or
with intent to save, or knowing that he is likely thereby to save, any
property from forfeiture or other charge to which it is liable by law, shall be
punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
Public servant in
judicial proceeding
corruptly making
report, etc,
contrary to law
219. Whoever, being a public servant, corruptly or maliciously makes or
pronounces in any stage of a Judicial proceeding, any report, order, verdict,
or decision which he knows to be contrary to law, shall be punished with
imprisonment of either description for a term which may extend to seven
years, or with fine, or with both.
Commitment for
trial or confinement
by person having
authority who
knows that he is
acting contrary to
law
220. Whoever, being in any office which gives him legal authority to commit
persons for trial or to confinement, or to keep persons in confinement,
corruptly or maliciously commits any person for trial or confinement, or
keeps any person in confinement, in the exercise of that authority, knowing
that in so doing he is acting contrary to law, shall be punished with
imprisonment of either description for a term which may extend to seven
years, or with fine, or with both.
Intentional
omission to
apprehend on the
part of public
servant bound to
apprehend
221. Whoever, being a public servant, legally bound as such public servant
to apprehend or to keep in confinement any person charged with or liable to
be apprehended for an offence, intentionally omits to apprehend such
person, or intentionally suffers such person to escape, or intentionally aids
such person in escaping or attempting to escape from such confinement,
shall be punished as follows, that is to say:
with imprisonment of either description for a term which may extend to
seven years, with or without fine, if the person in confinement, or who
ought to have been apprehended, was charged with, or liable to be
apprehended for, an offence punishable with death; or
with imprisonment of either description for a term which may extend to
three years, with or without fine, if the person in confinement, or who ought
to have been apprehended, was charged with, or liable to be apprehended
for, an offence punishable with 82[ imprisonment] for life or imprisonment
for a term which may extend to ten years; or
with imprisonment of either description for a term which may extend to two
years, with or without fine, if the person in confinement, or who ought to
have been apprehended, was charged with, or liable to be apprehended for,
an offence punishable with imprisonment for a term less than ten years.
Intentional
omission to
apprehend on the
part of public
servant bound to
apprehend person
under sentence or
lawfully committed
222. Whoever, being a public servant, legally bound as such public servant
to apprehend or to keep in confinement any person under sentence of a
Court of Justice for any offence or lawfully committed to custody,
intentionally omits to apprehend such person, or intentionally suffers such
person to escape or intentionally aids such person in escaping or attempting
to escape from such confinement, shall be punished as follows that is to
say:with 83[ imprisonment for life] or with imprisonment of either description for
a term which may extend to fourteen years, with
or without fine, if the person in confinement, or who ought to have been
apprehended, is under sentence of death; or
with imprisonment of either description for a term which may extend to
seven years, with or without fine, if the person in confinement, or who
ought to have been apprehended, is subject, by a sentence of a Court of
Justice, or by virtue of a commutation of such sentence, to 84[
imprisonment for life]
85
[ * * *] or imprisonment for a term of ten years or upwards; or
with imprisonment of either description for a term which may extend to
three years, or with fine, or with both, if the person in confinement, or who
ought to have been apprehended is subject, by a sentence of a Court of
Justice, to imprisonment for a term not extending to ten years or if the
person was lawfully committed to custody.
Escape from
confinement or
custody negligently
suffered by public
servant
223. Whoever, being a public servant legally bound as such public servant
to keep in confinement any person charged with or convicted of any offence
or lawfully committed to custody, negligently suffers such persons to escape
from confinement, shall be punished with simple imprisonment for a term
which may extend to two years, or with fine, or with both.
Resistance or
obstruction by a
person to his lawful
apprehension
224. Whoever intentionally offers any resistance or illegal obstruction to the
lawful apprehension of himself for any offence with which he is charged or
of which he has been convicted, or escapes or attempts to escape from any
custody in which he is lawfully detained for any such offence, shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
Explanation.-The punishment in this section is in addition to the
punishment for which the person to be apprehended or detained in custody
was liable for the offence with which he was charged, or of which he was
convicted.
Resistance or
obstruction to
lawful
apprehension of
another person
225. Whoever intentionally offers any resistance or illegal obstruction to the
lawful apprehension of any other person for an offence, or rescues or
attempts to rescue any other person from any custody in which that person
is lawfully detained for an offence, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both;
or, if the person to be apprehended, or the person rescued or attempted to
be rescued, is charged with or liable to be apprehended for an offence
punishable with 86[ imprisonment for life] or imprisonment for a term which
may extend to ten years, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be
liable to fine;
or, if the person to be apprehended or rescued, or attempted to be rescued,
is charged with or liable to be apprehended for an offence punishable with
death, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine;
or, if the person to be apprehended or rescued, or attempted to be rescued,
is liable under the sentence of a Court of Justice, or by virtue of a
commutation of such a sentence, to 87[ imprisonment for life], 88[ * * *] or
imprisonment, for a term of ten years or upwards, shall be punished with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine;
or, if the person to be apprehended or rescued, or attempted to be rescued,
is under sentence of death, shall be punished with 89[ imprisonment for life]
or imprisonment of either description for a term not exceeding ten years,
and shall also liable to fine.
Omission to
apprehend, or
sufferance of
escape, on part of
public servant, in
cases not
otherwise provided
for
90
[ 225A. Whoever, being a public servant legally bound as such public
servant to apprehend, or to keep in confinement, any person in any case
not provided for in section 221, section 222 or section 223, or in any other
law for the time being in force, omits to apprehend that person or suffers
him to escape from confinement, shall be punished
(a) if he does so intentionally, with imprisonment of either description for a
term which may extend to three years, or with fine or with both; and
(b) if he does so negligently, with simple imprisonment for a term which
may extend to two years, or with fine, or with both.
Resistance or
obstruction to
lawful
apprehension, or
escape or rescue, in
cases not
otherwise provided
for
225B. Whoever, in any case not provided for in section 224 or section 225
or in any other law for the time being in force, intentionally offers any
resistance or illegal obstruction to the lawful apprehension of himself or of
any other person, or escapes or attempts to escape from any custody in
which he is lawfully detained, or rescues or attempts to rescue any other
person from any custody in which that person is lawfully detained, shall be
punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.]
91
[ Omitted]
226. [Omitted by section 18 of the Penal Code (Amendment) Ordinance,
1985 (Ordinance No. XLI of 1985).]
Violation of
condition of
remission of
punishment
227. Whoever, having accepted any conditional remission of punishment,
knowingly violates any condition on which such remission was granted, shall
be punished with the punishment to which he was originally sentenced, if he
has already suffered no part of that punishment, and if he has suffered any
part of that punishment, then with so much of that punishment as he has
not already suffered.
Intentional insult
or interruption to
public servant
sitting in judicial
proceeding
228. Whoever intentionally offers any insult, or causes any interruption to
any public servant, while such public servant is sitting in any stage of a
judicial proceeding, shall be punished with simple imprisonment for a term
which may extend to six months, or with fine which may extend to one
thousand taka, or with both.
Personation of a
juror or assessor
229. Whoever by personation or otherwise, shall intentionally cause, or
knowingly suffer himself to be returned, empanelled or sworn as a juryman
or assessor in any case in which he knows that he is not entitled by law to
be so returned, empanelled or sworn, or knowing himself to have been so
returned, empanelled or sworn contrary to law, shall voluntarily serve on
such jury or as such assessor, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both.
CHAPTER XII
OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
“Coin” defined
Bangladesh coin
230. Coin is metal used for the time being as money, and stamped and
issued by the authority of some State or Sovereign Power in order to be so
used.
Bangladesh coin is metal stamped and issued by the authority of the
Government 92[ * * *] in order to be used as money; and metal which has
been so stamped and issued shall continue to be Bangladesh coin for the
purposes of this Chapter, notwithstanding that it may have ceased to be
used as money.
Illustrations
(a) Cowries are not coin.
(b) Lumps of unstamped copper, though used as money, are not coin.
(c) Medals are not coin, inasmuch as they are not intended to be used as
money.
(d) The coin denominated as the Company's taka is the Queen's coin.
(e) The "Farukhabad" taka, which was formerly used as money under the
authority of the Government of India, is Bangladesh coin although it is no
longer so used.
Counterfeiting coin
231. Whoever counterfeits or knowingly performs any part of the process of
counterfeiting coin, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.
Explanation.-A person commits this offence who intending to practice
deception, or knowing it to be likely that deception will thereby be
practiced, causes a genuine coin to appear like a different coin.
Counterfeiting
Bangladesh coin
232. Whoever counterfeits, or knowingly performs any part of the process
of counterfeiting Bangladesh coin, shall be punished with imprisonment for
life, or with 93[ imprisonment] of either description for a term which may
extend to ten years, and shall also be liable to fine.
Making or selling
instrument for
counterfeiting coin
233. Whoever makes or mends, or performs any part of the process of
making or mending, or buys, sells or disposes of, any die or instrument, for
the purpose of being used, or knowing or having reason to believe that it is
intended to be used, for the purpose of counterfeiting coin, shall be
punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.
Making or selling
instrument for
counterfeiting
Bangladesh coin
234. Whoever makes or mends, or performs any part of the process of
making or mending or buys, sells or disposes of, any die or instrument, for
the purpose of being used, or knowing or having reason to believe that it is
intended to be used, for the purpose of counterfeiting Bangladesh coin,
shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
Possession of
instrument or
material for the
purpose of using
the same for
counterfeiting coin;
if Bangladesh coin
235. Whoever is in possession of any instrument or material, for the
purpose of using the same for counterfeiting coin, or knowing or having
reason to believe that the same is intended to be used for that purpose,
shall be punished with imprisonment of either description for a term which
may extend to three years, and shall also be liable to fine;
and if the coin to be counterfeited is Bangladesh coin, shall be punished
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Abetting in
Bangladesh the
counterfeiting out
of Bangladesh of
coin
236. Whoever, being within Bangladesh, abets the counterfeiting of coin out
of Bangladesh shall be punished in the same manner as if he abetted the
counterfeiting of such coin within Bangladesh.
Import or export of
counterfeit coin
237. Whoever imports into Bangladesh, or exports therefrom, any
counterfeit coin, knowingly or having reason to believe that the same is
counterfeit, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine.
Import or export of
counterfeits of
Bangladesh coin
238. Whoever imports into Bangladesh, or exports therefrom, any
counterfeit coin which he knows or has reason to believe to be a counterfeit
of Bangladesh coin, shall be punished with 94[ imprisonment] for life, or with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Delivery of coin,
possessed with
knowledge that it is
counterfeit
239. Whoever, having any counterfeit coin which, at the time when he
became possessed of it, he knew to be counterfeit, fraudulently or with
intent that fraud may be committed, delivers the same to any person, or
attempts to induce any person to receive it, shall be punished with
imprisonment of either description for a term which may extend to five
years, and shall also be liable to fine.
Delivery of
Bangladesh coin,
240. Whoever, having any counterfeit coin, which is a counterfeit of
Bangladesh coin, and which, at the time when he became possessed of it,
possessed with
knowledge that it is
counterfeit
he knew to be a counterfeit of Bangladesh coin, fraudulently or with intent
that fraud may be committed, delivers the same to any person, or attempts
to induce any person to receive it, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also
be liable to fine.
Delivery of coin as
genuine, which,
when first
possessed, the
deliverer did not
know to be
counterfeit
241. Whoever delivers to any other person as genuine, or attempts to
induce any other person to receive as genuine, any counterfeit coin which
he knows to be counterfeit, but which he did not know to be counterfeit at
the time when he took it into his possession, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine to an amount which may extend is ten times the value of
the coin counterfeited, or with both.
Illustration
A, a coiner, delivers counterfeit Company's taka to his accomplice B, for the
purpose of uttering them. B sells the taka to C, another, utterer, who buys
them knowing them to be counterfeit. C pays away the taka for goods to D,
who receives them, not knowing them to be counterfeit. D after receiving
the taka, discovers that they are counterfeit and pays them away as if they
were good. Here D is punishable only under this section, but B and C are
punishable under section 239 or 240, as the case may be.
Possession of
counterfeit coin by
person who knew it
to be counterfeit
when he became
possessed thereof
242. Whoever, fraudulently or with intent that fraud may be committed, is
in possession of counterfeit coin, having known at the time when he
became possessed thereof that such coin was counterfeit, shall be punished
with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.
Possession of
Bangladesh coin by
person who knew it
to be counterfeit
when he became
possessed thereof
243. Whoever, fraudulently or with intent that fraud may be committed, is
in possession of counterfeit coin, which is a counterfeit of Bangladesh coin,
having known at the time when he became possessed of it that it was
counterfeit, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
Person employed in
mint causing coin
to be of different
weight or
composition from
that fixed by law
244. Whoever, being employed in any mint lawfully established in
Bangladesh, does any act, or omits what he is legally bound to do, with the
intention of causing any coin issued from that mint to be of a different
weight or composition from the weight or composition fixed by law, shall be
punished with imprisonment of either description for a term which may
extend to seven years, and shall be liable to fine.